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ABSTRACT The world is suffering from intractable conflicts. Societies and families are torn apart and individuals are threatened in their existence. In this article, three controverses are explored about how to deal with intractable conflicts. In taking a closer look, these intractable conflicts can be understood as “identity‐related.” It can be shown that this identity dimension of a conflict is not sufficiently addressed by argumentation and negotiation. Still, accepting that some differences in value and belief seem so fundamentally incompatible that we should give up striving for a solution need not be the conclusion. There are decades of positive reports of practical experience with various transformative methods on a microscale available that can be taken on to develop interventions to solve intractable conflicts on a societal level. Is it possible and justifiable to develop and institutionalize “transformation” as a third general approach next to argumentation and negotiation? Can interventions aiming at a transformation of self‐understanding and identity be introduced without manipulation and infringement of autonomy? [ABSTRACT FROM AUTHOR]

ABSTRACT The main objective of this study is to determine whether mediation is regarded as an autonomous discipline from both academic and professional standpoints. To achieve this, the study initially conducted a review of the most recent literature on the subject, followed by gathering opinions from experts, professionals, and trainers across eight different countries through in‐depth interviews and discussion groups. Among the primary findings of the research, it becomes apparent that while mediation remains a relatively underexplored topic, existing literature suggests that it possesses elements to assert its status as a scientific discipline, evidenced by its own axioms, paradigms, models, and methodologies. However, the professionals and experts consulted contend that it falls short of being classified as such. They cite several challenges, including the scarcity of real cases for investigation, the disconnect between theory and professional application, and the need for enhanced quality in scientific research to surmount the stagnation it has encountered for years. [ABSTRACT FROM AUTHOR]

In modern legal systems aimed at the humanization of conflict resolution procedures and making justice more accessible to society, alternative methods of dispute resolution are gaining increased attention. Alternative Dispute Resolution (ADR), including mediation, arbitration, negotiations, and other forms of pre-litigation settlements, has become particularly significant against the backdrop of overburdened judicial systems, the complexity of traditional procedural mechanisms, and the rising costs of litigation. This situation necessitates a reevaluation of the roles and functions of professional legal institutions and participants in legal transactions, with notaries occupying a key position in this process. Traditionally, a notary, as a guarantor of the legality and authenticity of legal transactions, has been perceived primarily as a professional responsible for certifying legal facts, drafting agreements, and ensuring public trust in such documents. However, the evolution of the notarial institution in recent decades highlights a trend toward expanding its scope of functions and responsibilities. Increasingly, notaries are acting not only as «documenters» of the parties' intentions but also as mediators, advisors, and even «auxiliary arbitrators» in resolving disputes without judicial intervention. This balanced combination of traditional notarial functions and innovative approaches to out-of-court dispute resolution holds significant potential for enhancing the efficiency of legal systems and fostering public trust in legal institutions. This article aims to provide a comprehensive analysis of the theoretical foundations and practical aspects of the notary's role in the ADR system. It will explore the essence and characteristics of various ADR forms, delineate the competencies of notaries in these processes, and examine the current state of legal regulation and practical precedents of notarial involvement in out-of-court mechanisms for resolving legal disputes. The findings of this research will have both theoretical and practical implications, contributing to the improvement of legal norms, the development of recommendations for practicing notaries, and the establishment of a scientific and methodological framework for advancing the notarial institution as an active participant in the ADR system. [ABSTRACT FROM AUTHOR]

The article examines the influence of information technologies, in particular blockchain technology, on justice and the judiciary in the conditions of the formation of the digital economy and information society. The purpose of the study is to study the possibilities and difficulties of applying arbitration in disputes regarding virtual assets, analyze the problems associated with the introduction of the latest technologies, and identify the prospects for their use, especially in the context of the growing number of cross-border disputes in crypto markets. As part of the research, the author analyzes the relationship between blockchain and dispute resolution, focusing on the complications associated with determining jurisdiction in disputes that contain an international element. Modern trends in the use of blockchain technologies in the legal sphere are studied, as well as possible areas of their application in procedural law. Among the key aspects under consideration is the question of jurisdiction in cases involving virtual assets and the need to unify procedural norms for effective dispute resolution. The subject structure of the legal relationship is usually complex and multi-party, involving both virtual asset service providers (VASPs) and other intermediaries. The subjects of the dispute are often legal relations complex in nature, combining some related institutions of civil or commercial (economic) law, as well as institutions from other branches of law. The presence of a large volume of technical issues requires additional special expertise in such areas as cryptography, information technology, the functioning of Big data, etc. The article also analyzes the problems arising from the application of blockchain technologies in judicial proceedings, in particular in the context of crypto-evidence, smart contracts and alternative methods of dispute resolution. As a result of the study, conclusions were drawn that the use of arbitration in the resolution of disputes in crypto-relationships can significantly change traditional rules, reduce the burden on classical courts and ensure more effective resolution of cross-border disputes. The problem of the application of arbitration agreements to legal relations in the crypto market, conflicts in determining the jurisdiction of the court, and ways and proposals for overc oming them are highlighted. The study emphasizes that for the effective use of technology in the legal system, it is important to find a compromise between new technological opportunities and traditional legal norms, which will be the key to improving the quality of justice. [ABSTRACT FROM AUTHOR]

The article analyzes effective means of reconciliation of the parties in the administrative proceedings of Ukraine, in particular mediation, judicial conciliation and the conclusion of settlement agreements. The essence of each of these tools, their features and application procedures at different stages of the judicial process are considered. Special attention is paid to the role of the judge in the reconciliation process, his ability to facilitate the reaching of agreements between the parties through advice and suggestions. The benefits of conciliation procedures are detailed, including increasing trust in justice, reducing the burden on the judicial system, shortening the terms of consideration of cases and procedural costs. In addition, the conditions for concluding a settlement agreement, its legal force after approval by the court, and the mechanisms of implementation are analyzed. The importance of negotiations as a separate means of reconciliation and their role in speeding up dispute resolution is also considered. It is indicated that the effective use of conciliation procedures contributes to the resolution of conflicts in administrative cases on mutually beneficial terms and ensures a balance between the interests of citizens and state bodies. It was emphasized that judicial conciliation is possible at any stage of the administrative process. The initiative may come from the judge or from one or both parties. The judge may suggest that the parties consider conciliation if they believe that there is potential f or an amicable resolution of the case. It is noted that conciliation is becoming an increasingly important tool in the practice of administrative proceedings, as it allows the parties to focus on the essence of the conflict and avoid lengthy bureaucratic red tape. The main means of reconciliation of the parties in the administrative process of Ukraine, such as mediation, judicial conciliation, settlement agreements, and other alternative mechanisms that help to reach a compromise in conflict situations, are considered. It has been found that there are significant challenges to the implementation of alternative dispute resolution methods such as mediation and negotiation. The main barriers are the insufficient legal regulation of these methods in the context of administrative cases, the lack of qualified mediators in the field of administrative proceedings and insufficient awareness of the participants in the court process about the advantages of alternative methods of dispute resoluti on. [ABSTRACT FROM AUTHOR]

This article explores the land-legal aspects of applying mediation, a form of alternative dispute resolution, in Ukraine. It is established that mediation has deep historical roots and has evolved over the centuries into a modern tool for conflict resolution. Attention is given to the role of mediators in resolving disputes across various cultures and societies for thousands of years. It is noted that contemporary mediation, as an institutionalized process, emerged in the 20th century, particularly after World War II, becoming a tool not only for resolving interpersonal or community conflicts but also for business, labor, international, and even legal disputes. In Ukraine, it has been found that mediation began to actively develop in the early 2000s, when the need for alternative dispute resolution methods grew. These methods were aimed at reducing the burden on the judicial system and providing faster, more cost-effective conflict resolution. The adoption of the Law of Ukraine «On Mediation» in November 2021 marked an important step toward recognizing this process at the state level. The article provides an analysis of its provisions, emphasizing that this law still requires adaptation to the specificities of land relations. It is highlighted that mediation in land disputes can be applied in various situations related to the ownership, use, or management of land plots. The author identifies several prospective areas for the application of mediation in land legal relations, specifically: 1) boundary disputes over land plots; 2) land use procedures; and 3) violations of environmental regulations. The article stresses that mediation in land disputes in Ukraine has significant potential, particularly given the need to expedite conflict resolution and alleviate the pressure on the judicial system. It is established that many landowners and participants in land relations currently lack sufficient information about mediation as a dispute resolution tool or do not trust its effectiveness. The article asserts that mediation requires adequate support and cooperation with state institutions, which will also contribute to more effective dispute resolution. [ABSTRACT FROM AUTHOR]

The law in South Africa regulates the relationship between the employer and the employee. Section 23 of the Constitution provides that all people have the right to fair labour practices, while Section 185 of the Labour Relations Act (LRA) narrows its focus by protecting employees only. The research followed a qualitative desktop paradigm, and the subject was assessed, analysed, and interpreted in the context of the different secondary sources of law, such as legislation, case law, articles and papers, textbooks, and reports. Various published records on unfair labour practice disputes that relate to employee benefits in the form of promotion, demotion, and/or training, as well as those focusing on the unfair suspension of employees and any other disciplinary action short of dismissal, were assessed. Many labour disputes that reach the litigation stage could have been resolved earlier through a mediation process if parties could exercise patience and avoid the winner-takes-all approach, thus making compromise impossible to achieve for a win-win solution. The paper advocates for mediation as one of the better ways of resolving conflicts at the workplace, which is neither costly nor novel compared to the litigation approach. Mediation relies on its traditional problem-solving role and its transformative modern approach, thus allowing the mediator to contribute towards enhancing a good relationship between the employer and the employee. Mediation as one of the alternative dispute resolutions (ADR) is beneficial as it allows both parties the right to negotiate for the de-escalation of the dispute, such as negotiating the clauses of the employment contract, and to participate in the whole ADR process. While it is evident that the paper focuses on workplace mediation, it will also touch on mediation in terms of Section 41A of the High Court Uniform Rules. It is common knowledge that the purpose of mediation is to avoid tedious litigation that may turn out to be costly and time-wasting. The paper supports the inclusion of the court-annexed mediation process as it saves time and money while simultaneously accessing justice. It is a flexible process that allows disputes to be submitted for mediation prior to and after the commencement of litigation if a judgment or order has not been made in the case. [ABSTRACT FROM AUTHOR]

Resolving disputes over election results between candidates within the same party currently does not guarantee access to justice for prospective members of the Indonesian House of Representatives (IHR). To file a lawsuit, candidates must obtain a written permission letter from the leader of the supporting party. Since the implementation of the open proportional system from 2009 to 2019, 27 candidates' applications for disputes over election results were rejected by the Indonesian Constitutional Court due to the absence of such written permission, which is a formal requirement. This research focuses on resolving election result disputes between legislative candidates and explores the opportunities for using Alternative Dispute Resolution (ADR). Employing a normative juridical research method, the study proposes the institutionalization of ADR for IHR election result disputes. It advocates the use of facilitative mediation, evaluative mediation, and arbitration conducted by the Party Court. These methods would complement and support the existing formal mechanisms at the Constitutional Court, providing a more accessible and just avenue for candidates to resolve their disputes. The findings of this research highlight the necessity of integrating ADR into the dispute resolution framework to enhance the fairness and effectiveness of the electoral process for legislative candidates in Indonesia. [ABSTRACT FROM AUTHOR]

Consumer conflicts arise every day, and how to handle this issue is a major part of ensuring consumer redress mechanisms. In the 1970s, alternative dispute resolution (ADR) methods were adopted in response to an increase in consumer conflicts, with the aim of reducing the workload on courts. ADR has been supported by the European Union (EU), which enacted the 2013/11/EU ADR Directive to standardize consumer redress mechanisms between Member States. However, because of the general nature of the provisions, there have been many different approaches and methods in the member states. It has also become imprecise to understand if it is a good role model or effective because of the ambiguous provisions and various approaches. Turkish Law on Consumer Protection entered into force in 2014 to ensure the harmonisation duty of the EU acquis, and it regulated the sui generis procedure of Consumer Arbitration Committees (CAC) and then compulsory mediation on consumer conflicts with an added article in 2020. This article argues that CAC is harmonised with the EU acquis and ADR systems in Turkey, bringing more effective consumer redress mechanisms for now due to cultural and economic reasons, even if it is not perfect and has to be improved.

This paper aims to provide an illustrative assessment of the functioning of labour law enforcement in Hungary from a collective labour law perspective, based on selected topical regulatory case studies. In doing so, the paper intends to demonstrate the generally and largely deficient nature of the collective dimension of labour law enforcement in Hungary. Namely, the first case study describes the situation of amicable settlement of collective labour disputes in Hungary and the prevailing institutional vacuum in this regard. The second case study deals with the very limited possibilities of “actio popularis” and strategic litigation in Hungarian labour law and the potential of these legal mechanisms to further labour law enforcement. The third case study outlines the meagre legal and practical room for manoeuvre of alt-labour organisations in the Hungarian context and points out that their chance for collective bargaining is extremely small. The paper formulates some policy pointers and proposals on how the collective dimension of labour law enforcement (especially concerning these three regulatory fields illustrated by the case studies) could be further promoted and enhanced in Hungary, especially in the context of a constantly changing, new world of work.

This article is devoted to the study of the application of the terms «peace agreement», « аgreement on conciliation «, «conciliation statement» in the procedural legislation of Ukraine. This study was conducted from the point of view of the content of these terms. At the same time, the etymological meaning of each term, its origin and meaning was studied. In addition, the study of the topic was carried out taking into account the provisions of the Convention on the Protection of Human Rights and Fundamental Freedoms and the practice of the European Court of Human Rights. Thus, in the ECtHR, it is also possible to apply the conciliation procedure through the conclusion of a relevant agreement by the parties to the case. The procedure itself and the document submitted to the court is called «friendly settlement». The use of the same term for the same legal institutions and phenomena is of great importance for legal understanding and law enforcement. In addition, when defining a term, not only the correspondence of the term itself to its meaning is important, but also the emotional coloring. That is why, in the course of the study, it was concluded that the term used in the Civil Procedure Code of Ukraine and the Economic Procedure Code of Ukraine is inappropriate. This is due to the fact that the subject matter of the case in court can only be part of a larger conflict that exists between the parties and will not be exhausted after the court approves the terms of the settlement agreement. And the use of the term «аgreement on conciliation» is considered more appropriate. The prefix «pri-» in the word means approximation, joining, incomplete action or sign. That is, the term «аgreement on conciliation» from the point of view of emotional coloring and meaningful content most corresponds to the tasks of the procedure under study. The application for conciliation, the submission of which is provided for by the Code of Administrative Procedure of Ukraine, also does not correspond to the content of the procedure of conciliation in court through the conclusion of an agreement by the parties to the case. A statement is a type of procedural document in which a party to the proceedings makes a claim or request. In turn, the agreements reached by the parties regarding the subject of the dispute and other procedural issues are recorded in the form of the agreement. [ABSTRACT FROM AUTHOR]

This paper critically examines the relevance of Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution in the context of online arbitration. With the rapid growth of e-commerce and the increasing reliance on technology for dispute resolution, the legal framework governing arbitration in Indonesia has become outdated. While various arbitration institutions, such as BANI and the ICC, have adopted online arbitration processes, the existing legislation fails to accommodate these developments. This research highlights the potential legal uncertainties that arise from the lack of provisions for online arbitration in the current law and underscores the need for immediate legislative revisions. By analyzing relevant legal norms and the implementation of electronic arbitration regulations, the study aims to provide insights into how the law can be modernized to better serve the needs of contemporary dispute resolution practices in the digital age. [ABSTRACT FROM AUTHOR]

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As of 2024, the use of alternative dispute resolution is becoming increasingly relevant caused by the complicated access to justice due to martial law. The purpose of this study was to analyse the historical experience of using negotiations in Ukraine from the Middle Ages to the present day and to identify the vectors for further development of this institution. Both general scientific and special scientific methods were employed: formal legal and comparative legal methods. It was found that the term “negotiation” can be used in several meanings: 1) the process of reaching an agreement; 2) the stage of court proceedings; 3) the stage of mediation, conciliation, or other methods of alternative dispute resolution; 4) a separate method of alternative dispute resolution. As the times of Kyivan Rus, the Ruska Pravda prescribed an analogue of negotiations – the replacement of blood revenge with a payoff; in the 16th-century Lithuanian statutes, the negotiation process was called “unity”. The “Rights by which the Little Russian people are judged” of the mid-18th century defined two forms of documents drafted as a result of negotiations: a conciliation agreement (without the participation of mediators) and a conciliation verdict (with the participation of mediators). During the Soviet era, legislation tended to establish the right to judicial protection depending on the previous use of alternative dispute resolution. However, since Ukraine’s independence, this trend has changed, and the law now prescribes the right of everyone to choose how to protect their rights. Further vectors for the development of the institution of negotiations in Ukraine may include the introduction of various types of platforms for remote participation in the negotiation process, as well as the development of the legal framework towards detailing negotiation procedures. The findings of this study can be used in teaching disciplines of the historical and legal cycle in higher education institutions of Ukraine, as well as for further forecasting the development of this institution and its improvement

Mediation is an institution that has been in demand in all modern legal systems for the last twenty years as a fast, reliable and inexpensive alternative method in the resolution of commercial law disputes. Turkey and Uzbekistan are in a conti nuous effort to ensure compliance with comparative law systems which are adopted by the EU and international legislation in the modern sense, including mediation. In Turkey’s case, specialization and institutionalization targets were envisaged regarding mediation. Codification frameworks devoid of systematic planning were carried out in order to achieve these targets. Contrary to the concept of mediation, the areas where mandatory mediation applies have been expanded. On the other hand, for Uzbekistan’s case, which accepted mediation six years after Turkey, in 2018, and did not adopt mandatory mediation, Turkey’s disappointing mediation experience can be regarded as a lesson. This experience is valid not only for Uzbe kistan but also for all legal systems that include mediation.

Copyright of Necmettin Erbakan University School of Law Review is the property of Necmettin Erbakan University School of Law Review and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Actually, Information and Communication Technologies, the Internet of Things and Artificial Intelligence (AI) are positioned as innovative educational technological tools in the face of new challenges, globalization and a new educational society. However, there is very little implementation in the area of law. The main objective of this article is to analysis of the cognitive processes when a simulator with virtual reality and AI support is implemented in teachinglearning process in a branch of law, which is Alternative Dispute Resolution (ADR) in México. The methodology used in the statistical analysis is random, documentary theoretical and empirical. The simulator was elaborated under the ADDIE model software development methodology and its programming in UNITY. OCULUS QUEST 2 glasses were used for immersion. The methodology used in the teaching-learning was the Local Theoretical Models (LTM) and the data collection was through questionnaires, interviews, case studies, observation, videos, etc. As a result, it was found that the simulator is useful for presenting scenarios, real ADR cases, a video game whit evaluation and feedback, etc. Likewise, the students of law or ADR can interact and be immersed with the simulator and in this way emotions, cognitive processes, situated, individualized, collaborative and meaningful learning will be stimulated. [ABSTRACT FROM AUTHOR]

Copyright of Ankara Review of European Studies (ARES) / Ankara Avrupa Çalışmaları Dergisi (AAÇD) is the property of Ankara University European Union Research Centre and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Sulh is one of the Alternative Dispute Resolution (ADR) mechanisms recommended by Islam. This mechanism has been implemented through Majlis Sulh establishment, which was first introduced in the year 2000 in several Syariah Courts in Malaysia and later implemented in Syariah Court of Negeri Sembilan a few years after. Throughout its implementation, Sulh has successfully resolved many cases out of court without requiring lengthy time or costs. However, Majlis Sulh are not without challenges in assisting parties to resolve disputes without litigation. This writing aims to analyze te implementation of Sulh in the Syariah Court of Negeri Sembilan and propose appropriate suggestions to enhance the effectiveness of Sulh towards optimal achievement. This study applies a qualitative research framework. Primary and secondary data were obtained through library research and documentation. Besides that, data were obtained through interviews with three Sulh officers serving in the Syariah Court of Negeri Sembilan. All data were analysed using content analysis methods. The study shows that Sulh implementation through the Majlis Sulh in this state has successfully achieved the outlined objectives and positive level. However, several challenges have been identified in its implementation. To ensure the successful momentum in case resolution is maintained, several suggestions are proposed to ensure the implementation of Sulh maintains as an effective mechanism for Alternative Dispute Resolution in the Syariah Court of Negeri Sembilan in the future. [ABSTRACT FROM AUTHOR]

When disputes occur, it is not impossible for the disputing parties to attempt settling the disputes themselves. Negotiation is an amicable dispute settlement process that affords the disputants, an opportunity to settle their disputes by themselves without the intervention of a neutral third party. This article adopts desk-based method in appraising negotiation as an Alternative Dispute Resolution (ADR) process by examining what negotiation is, the potentials of negotiation as an ADR mechanism, the requirements and strategies for effective and efficient negotiation sessions. It also examined how negotiation can be better enhanced in settlement of contractual/commercial disputes where relationship fostering and continuity is important. The paper makes vital recommendations before conclusion. [ABSTRACT FROM AUTHOR]

Inter-village land disputes confronted by the Ifakara Town Council - a local governing authority in Tanzania - arise from socio-economic complexities, poor boundary demarcation, and weak institutional frameworks, making litigation inegective. Despite the prevalence of these con9icts, there is limited understanding of how Alternative Dispute Resolution (ADR) mechanisms, particularly mediation, can address such issues in rural Tanzania. flis study evaluates the applicability and egectiveness of ADR, with a focus on mediation, in resolving these disputes. Given the limitations of litigation, culturally appropriate ADR methods are essential for achieving sustainable con9ict resolution. fle research used a mixed-methods approach, collecting qualitative and quantitative data through interviews, document reviews, and questionnaires from stakeholders in four villages. fle 1ndings show that while ADR, especially mediation, is valued for its 9exibility and cultural relevance, its egectiveness is limited by challenges such as poor boundary demarcation, bureaucratic delays, weak institutional capacity, and resistance from disputing parties. fle study concludes that to enhance ADR egectiveness, structural issues like boundary demarcation and institutional weaknesses must be addressed. It recommends improving boundary clarity, strengthening institutional frameworks, increasing community awareness, and establishing monitoring systems to ensure compliance with ADR outcomes. These measures could promote sustainable land governance in Ifakara and similar regions across SubSaharan Africa. [ABSTRACT FROM AUTHOR]

The article analyzes the essence of mediation as one of the alternative ways of resolving disputes. The importance of alternative methods of dispute resolution as an institution of extrajudicial conflict resolution, which is a fairly popular method of protecting violated rights in most countries of the world, is emphasized. The author emphasized the proposition that mediation is not the only alternative way to resolve disputes, this group includes negotiations, arbitration, arbitration courts, independent assessment of facts, conciliation, medical-arb, etc. The actuality of the issue is determined by the fact that this institute is quite new for Ukraine, and is only now becoming widespread. The Law of Ukraine «On Mediation» is quite young, and the relevant legislative provisions are the latest for citizens. Doctrinal definitions of the concept of «mediation» are characterized, both on the example of European and Ukrainian legislation. The stages of mediation are highlighted. Examples of practical application of mediation between parties to a dispute are given. It has been established that mediation is an alternative way of resolving a civil dispute, which is aimed at reaching a mutually acceptable solution based on the mutually agreed will of the parties with the participation of an independent and impartial person (mediator). The use of mediation as a method of dispute resolution has certain advantages. First, saving money; secondly, the decision on the merits of the dispute is made by the parties themselves by mutual agreement; thirdly, saving time, since the preparation and consideration of the case in court is a longer process; fourth, confidentiality; fifth, preservation of partnership relations between the parties. The advantages and disadvantages of this type of alternative dispute resolution are analyzed. It was concluded that in order to spread mediation, it is necessary to create a wide circle of information about this topic, to raise the awareness of citizens about the presented type of alternative method of dispute resolution, to introduce mandatory mediation for certain categories of cases (for example, family, in particular, in the field of private legal relations ), create a single register of mediators, organize special courses (specialization) for judges to develop approaches to resolving disputes, especially in the private law sphere. [ABSTRACT FROM AUTHOR]

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The research explores the relationship between mediation and the right to a fair trial, examining whether mediation is a legal heritage or an anomaly within the legal sphere. The study analyzes the legal framework of mediation in Ukraine and other countries, along with international standards. It investigates the impact of mediation on the right to a fair trial and its role in Ukraine's European integration process. The methodology includes policy analysis, empirical research, and comparative methods. The findings suggest that mediation is a valuable addition to the legal system, promoting efficient dispute resolution and reducing the burden on courts. However, upholding clear standards and principles is crucial to ensure the protection of participants' rights and maintain the right to a fair trial. The research concludes that mediation can coexist harmoniously with traditional judicial processes, contributing to a more effective and just legal system. [ABSTRACT FROM AUTHOR]

The overload of courts, as well as the duration of consideration of cases, necessitates the use of alternative dispute resolution measures. This indicates the relevance of improving conciliation procedures in the context of civil proceedings in Kazakhstan. The purpose of the work was to study the specifics of ensuring conciliation procedures in the resolution of civil law disputes. The article used the method of analysis, synthesis, comparison, deduction, generalisation, formal-legal. As a result, the history of the formation of the institute of peaceful settlement of disputes in civil proceedings of the Republic of Kazakhstan was revealed. The system of alternative means of dispute settlement, their advantages, and role in strengthening social relations in the country was expressed. In the work, it was established that the settlement of disputes on the basis of conciliation procedures is consistent with the conceptual approaches to the development of the national legal system in Kazakhstan. It has been established those civil proceedings in Kazakhstan are characterized by simplification and humanisation. As a result of the application of conciliation procedures not only improves the activity of the judicial system, but also increases the level of legal consciousness of the Kazakh people, their trust in the judiciary. Thus, the socio-legal significance of informal and flexible ways of conflict resolution has been proved, which is an important component of civil proceedings in Kazakhstan. In the course of the study, the content of various normative legal acts was studied to reflect the peculiarities of the regulation of the procedure for the settlement of private legal disputes on the basis of conciliation procedures. Particular attention was focused on the provisions of conceptual and strategic documents that enshrine the development of conciliation procedures as one of the key objectives of legal proceedings and the national legal system. The findings of the study can be used in the development of national strategies to enhance the role of judicial mediation in civil proceedings in Kazakhstan. [ABSTRACT FROM AUTHOR]

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The scientific problem addressed has a significant importance that resides in the identification and presentation of some essential arguments in this regard: the development of efficient and fair arbitration methods and practices is crucial for maintaining integrity and justice in sports; the existence and regulation of an effective arbitration system can contribute substantially to the quick and fair resolution of disputes in this field, maintaining the stability of the competition and the sports structure; sport has a strong impact on society and the economy, but delayed disputes or with a prolonged resolution period can affect not only athletes and organizations, but also supporters, sponsors and other parties involved (an effective arbitration system can reduce this negative impact); issues related to sports arbitration also represent an opportunity for research and development in the field of law and sport (new approaches can be identified, better practices can be developed and resources can be provided for the continuing education of professionals involved in this field); an effective sports arbitration system can help promote ethical standards and integrity in sports (by ensuring a fair and transparent process, public confidence in the fairness and morality of sporting activities can be strengthened). Therefore, research and scientific approach of the issues related to the advantages of arbitration in the resolution of sports disputes are essential to develop better practices, to maintain the integrity of sport and to ensure a healthy and fair sports environment. [ABSTRACT FROM AUTHOR]

Copyright of Necmettin Erbakan University School of Law Review is the property of Necmettin Erbakan University School of Law Review and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Journal of Commercial & Intellectual Property Law (TFM) / Ticaret ve Fikri Mülkiyet Hukuku Dergisi is the property of Ankara Yildirim Beyazit University, Facult of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Both the Jordanian state and Jordanian tribes have well-developed justice systems that appear to operate separately but are, in practice, often deeply enmeshed. This article examines these two systems and how they interact. It focuses on a case study—a murder in 2016—and how different actors approached its aftermath. This case provides an example of how both state and tribal justice systems can work in practice. Here, and notwithstanding efforts by some tribal leaders, government officials, and courts to limit, reject, or ignore tribal practices, state and tribal actors facilitate a role for each other while also maintaining their own authority in particular contexts. This adds to understandings of how different legal systems and sources of authority—tribe and state—can operate together, challenging any ostensibly neat categorisation of these systems. [ABSTRACT FROM AUTHOR]

Today, it is no secret that alternative dispute resolution methods, such as mediation, are widely used all over the world. However, in the experience of some countries, there are still problems in the practice of applying and introducing mediation. This article is devoted to the application of alternative dispute resolution and comparative analyses between some developed countries and the Republic of Uzbekistan. The author analyzes the use of alternative dispute resolution methods in Uzbekistan and their features. The goal of this research is to discuss and develop solutions to common problems related to the application and implementation of alternative dispute resolution methods. The current work also provides answers to potential misunderstandings, identifies the problems associated with the use of the mediation procedure, and develops ways to solve them. [ABSTRACT FROM AUTHOR]

Popular debates about criminal justice reform often pose restorative justice as a humane (if utopian) alternative to retributive justice. Drawing on fieldwork with Jordan's Bedouin, I offer an unvarnished account of a longstanding and still‐vibrant tradition of restorative justice that also includes violent and punitive elements. While acknowledging how Bedouin justice can fail women, the poor and the poorly connected, I highlight how Bedouin justice also cultivates mercy as a social good, transforming enmity into forgiveness (if not friendship) and encouraging perpetrators to materially compensate victims. I conclude by considering how contemporary Jordanian practices of mercy might inform efforts to escape from the seeming inevitability of mass incarceration in modern society. [ABSTRACT FROM AUTHOR]

This paper offers a thorough evaluation of the similarities and differences between sports arbitration and commercial arbitration, with a focus on the procedural distinctions between the two methods of arbitration. The paper examines the details, time constraints, regulations regarding admissible evidence, and protocols for reaching a verdict in each instance. It is crucial to shed light on these differences in order to assist the practitioners and stakeholders involved in sports and business disputes. This research seeks to offer a comprehensive understanding of the unique characteristics, procedures, and challenges that differentiate sports arbitration and commercial arbitration in their respective domains. For this research, a normative qualitative method is employed to thoroughly examine and analyse various legal resources, including published works, arbitration rules, awards, and cases. This ensures that both sports arbitration and commercial arbitration are practical in order to effectively coordinate the use of the normative qualitative technique. The study sheds light on the difficulties encountered in the realms of commercial and sports arbitration, including concerns about the enforceability of awards, the matter of confidentiality, and challenges arising from dominance. The paper also provides a detailed account of the established best practices in each of the domains. The study also explores the significant substantive and procedural distinctions between commercial and sports arbitration. It specifically examines aspects such as legal systems, timeframes, rules of evidence, the selection of arbitrators, and the roles of governing bodies. The conclusion offers a concise overview of the main discoveries of the study and the key distinctions and similarities between commercial and sports arbitration. Practitioners and policymakers will find valuable recommendations in addition to a discussion on future research directions. [ABSTRACT FROM AUTHOR]

In the 21st century, people are trying alternative methods for solving their disputes instead of the traditional legal system, these methods and systems are called Alternative dispute resolution methods. These alternative methods are known by various names such as mediation, arbitration, and conciliation. It has deep roots in Pakistan's history, it is known by the name of jirgas and panchayat, but such mechanisms had no legal status. To give legal status to it, new laws have been introduced by the parliament to establish a legal body for solving community-level disputes, and it is now known as the Dispute Resolution Council (DRC). DRCs have become a well-liked and practical method for settling disputes in the community. It has community representatives and leaders who offer quick and convenient ways to resolve disputes as compared to the traditional legal system. However, despite its recognition and acceptance in the community, It still faces several problems and challenges, that need to be addressed to increase the effectiveness of the DRCs. To find these challenges and issues, the researcher has used the qualitative method for finding the answers to the research questions. Among the difficulties that are identified are a lack of trained staff, proper funding, low awareness in the public and confidence, lack of expertise to deal with complex issues, and likeness in the appointment of the members. It is suggested in the research paper that the government should allocate proper funding to the DRCs, arrange proper training for the members of the members, enhance public awareness and confidence, better interaction with the formal judicial system, strong monitoring system, and proper legislation for the appointment of its members. These suggestions if put into practice will guarantee that DRCs in Pakistan offer the citizens easy, accessible, cheap, and effective justice. [ABSTRACT FROM AUTHOR]

In public procurement frameworks, bidding, contracting and performing contracts is notoriously more challenging than the bidding, contracting and performance of private contracts. The strict procedures of public procurement do not tolerate mistakes and reduce the possibility of compromise if conflicts arise. This study examines whether the resolution of disputes arising in public procurement procedures with the use of alternative dispute resolution (ADR) methods can be integrated into the strict system of public procurement regulation. It also investigates whether the use of ADR can be justified in public procurement disputes at all, and whether it can handle them effectively. During our investigation, we reviewed the so-called preliminary dispute settlement (PDS) scheme, a special institution of Hungarian public procurement law. Although this mechanism is not a form of dispute resolution in the classical sense, since it does not involve consultation and does not result in compromise at all, the PDS process, as a widely used, quick and simple electronic procedure is an accepted formula in Hungary for settling public procurement procedure conflicts. [ABSTRACT FROM AUTHOR]

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With the growth of e-commerce transactions and people living their lives online, it is important for consumer disputes to be tailored in a manner that is suitable for consumers and their types of disputes. Currently South Africa is facing major delays in resolving consumer disputes, and consumers end up not pursuing their low-value claims as the current processes take a long time. Further, consumers do not have the funds to pay attorneys. The Consumer Protection Act encourages the use of alternative dispute resolution (ADR) before a consumer dispute can be referred to a court of law. However, such ADR processes are lengthy and do not provide consumers with affordable and efficient relief. The current ADR processes do not meet the expectations of the consumers; thus, this paper proposes an integration of artificial intelligence (AI) and Blockchain Technologies in resolving consumer disputes via online dispute resolution (ODR). Various forms of AI and blockchain technologies are explored. The concept of online dispute resolution is introduced and current examples of online dispute resolution systems like eBay, and countries that have already moved to online dispute resolution with the integration of AI, are used as exemplary models for a South African online dispute resolution powered by AI and blockchain technologies.

This study seeks to elucidate the challenges associated with compensation in marine pollution disputes through the lens of the Alternative Dispute Resolution (ADR) model. Governed by UUPPLH Number 32 of 2009, polluters are mandated to provide compensation for both affected parties and environmental restoration. However, the implementation of the ADR model in practice has seen polluters compensating only the affected communities, notably fishermen. This research endeavors to develop an ADR legal framework that encapsulates ecological justice, ensuring fairness for both society and the environment. The methodology employed in this study is non-doctrinal legal research, which involves analyzing legal phenomena within their social and cultural context. Findings from this research indicate that pollution disputes in the waters in Cilacap were resolved using the ADR model, with a disproportionate focus on compensating fishing communities. This results in environmental damage due to minimal environmental ADR legal framework grounded in the Polluter Pays principle. Such a framework should encompass legal provisions for environmental prevention, mitigation, and restoration. From a structural perspective, it is imperative to foster integration and connectivity between the community and ministries responsible for addressing marine environmental pollution, to facilitate effective environmental mitigation and restoration efforts. Additionally, in the realm of legal culture, there is a crucial need to cultivate legal awareness among the public regarding environmental conservation and management. This awareness should permeate all levels of society, including business entities, legislative bodies, the government, and law enforcement agencies. A robust legal system is essential for making ADR an equitable mechanism for resolving disputes, benefiting both victims of pollution and the environment.

The era of digital reality offers and shapes new dispute resolution mechanisms, imposes high demands and sets its own rules to be complied with. The introduction of information and communication technologies and artificial intelligence into judicial and out-of-court dispute resolution proceedings in India has shown innovative results quite rapidly. Transformation of digital modes of dispute resolution continues with new research and development of modern technologies that strive for excellence. The purpose of this study is to analyze transformation of digital dispute resolution methods in India, considering the historical evolutionism that led from the Vedic era to the global digital revolution, formation of a hybrid model that combines several modes of dispute resolution - offline courts, online courts and online dispute resolution using digital technologies and alternative dispute resolution methods. However, the digital system is far from being perfect; it has significant drawbacks associated with the risks of cyber-attacks and leakage of personal data containing sensitive confidential and personal information. Besides, the digital literacy of the Indian population located on the periphery is quite low, which greatly reduces the level of trust in electronic courts and online dispute resolution.