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1
Gerasimchuk, S. S. "Settlement of a dispute with the participation of a judge in a civil process: problematic aspects." Uzhhorod National University Herald. Series: Law 2, no. 86 (2025): 71–75. https://doi.org/10.24144/2307-3322.2024.86.2.11.
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The article is devoted to the analysis of the procedural norms of the institute of dispute settlement with the participation of a judge in a civil process, the coverage of theoretical and practical aspects, the search for ways of legislative improvement of the legal norms that regulate the procedure of dispute settlement with the participation of a judge. The principles that are implemented during the implementation of dispute settlement in judicial practice are analyzed. Attention is focused on the fact that the institution of dispute settlement with the participation of a judge is one of the types of alternative dispute resolution. The views of scientists regarding the legal nature of the judge’s participation in dispute settlement have been studied. It was found that the settlement of a dispute with the participation of a judge is a voluntary, negotiated, confidential process in which the parties to the dispute try to enter into negotiations on their own, on a voluntary basis, with the support of an independent, neutral and impartial mediator - a judge who, with the help of his own professional skills and knowledge directs the parties to a peaceful settlement of the dispute. A number of main problems that hinder the effective work of this institute have been identified. The lack of professional training and special requirements for a judge to participate in dispute settlement, the legal status of a judge in the dispute settlement procedure with the participation of a judge is not defined in detail, time limitations, issues regarding the consent of the parties to court conciliation, the impossibility of the judge to give legal advice and recommendations, questions regarding the storage of information obtained as a result of the established ability to hold meetings in video conference mode, etc. The adoption of a separate law was proposed, which would establish in detail the legal status of a judge participating in the settlement of a dispute, determine whether a judge has the right to refuse to grant a party’s (his representative’s) request for the application of a dispute settlement procedure with the participation of a judge in legal relations that indicate the impossibility of a peaceful dispute settlement, and define the concept legal advice and evaluation of evidence. The author emphasized the need for information dissemination of the institute of dispute settlement with the participation of a judge. Conclusions and proposals aimed at improving this procedure were formulated.
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Khanyk-Pospolitak, Roksolana, and Roman Nuryshchenko. "Settlement of Disputes with the Participation of a Judge: Is This Procedure Effective?" NaUKMA Research Papers. Law 8 (March 24, 2022): 85–91. http://dx.doi.org/10.18523/2617-2607.2021.8.85-91.
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The article studies the effectiveness of the institution of dispute resolution with the participation of a judge through the analysis of legislation and judicial practice in all types of proceedings in the courts of first instance, except criminal. It is noted that since 2017, a completely new procedural institute for the settlement of disputes with the participation of a judge has appeared in procedural codes of Ukraine, except criminal, and in judicial practice thereafter. Its introduction into Ukrainian procedural law was with the intention to relieve the judicial system. However, to find out whether this institute has fulfilled the assigned intention, the analysis of judicial practice is required. Accordingly, the analysis of judicial practice has been conducted, comprising all years of existence of this institution in civil, administrative, and commercial litigation in order to determine the frequency and success rates of its application in practice. This revealed that dispute settlement with the participation of a judge in administrative proceedings barely applies. In addition, based on the analysis of one hundred cases for the last period, there are certain categories of cases where dispute settlement with the participation of a judge was used more often. Eventually, it was concluded that today the institute of dispute settlement with the participation of a judge has not been widely used and its effectiveness remains insignificant. Therefore, the institution of dispute resolution with the participation of a judge requires a great reformation – consisting of enforcement of mediation execution by judges, specific ways of resolution of cases belonging to certain categories as well as insertion of corresponding provisions in procedural codes, and popularization to the masses.
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Hnativ, O., and S. Palamar. "THE INSTITUTE OF DISPUTE RESOLUTION WITH THE PARTICIPATION OF A JUDGE IN CIVIL PROCEEDINGS: MAIN ASPECTS AND PROSPECTS." Scientific Notes Series Law 1, no. 12 (2022): 24–28. http://dx.doi.org/10.36550/2522-9230-2022-12-24-28.
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The article examines the institute of dispute resolution with the participation of a judge, without which it is impossible to imagine life in society at this stage of its development. The institute of participation of judges in dispute resolution has achieved great success and is now one of the leading institutes. This is one of the types of alternative dispute resolution, and therefore developed along with other conciliation procedures. In this paper, the study of various aspects of dispute resolution with the participation of a judge, as well as analyzed articles of the CPC of Ukraine, which mentions this institution, emphasizes the main conditions under which it is possible. Emphasis is placed on the main of these conditions - the desire of the parties to reach an agreement by applying the institution of dispute resolution with the participation of a judge. The article examines and describes the basic principles of such activities by judges. General and special principles are highlighted. The decisions which the court can make on the termination of settlement of disputes with participation of the judge are named. The article also highlights the main prospects for the development of this institute in Ukraine, as well as suggested ways to solve problems in it.
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Melezhik, Y. "Dispute resolution with the participation of a judge, mediation, amicable agreement, dispute resolution in an arbitration court as measures of alternative dispute resolution." Analytical and Comparative Jurisprudence, no. 1 (March 1, 2025): 200–204. https://doi.org/10.24144/2788-6018.2025.01.32.
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The article notes that in accordance with the pilot decisions of the European Court of Human Rights, Ukraine should develop the institution of reconciliation of the parties. An innovative legal institution that was introduced into the system of civil procedural law of Ukraine was the institution of dispute resolution with the participation of a judge. In 2021, the Law of Ukraine “On Mediation” was adopted, which defined the legal principles and procedure for conducting mediation as an out-of-court procedure for resolving a conflict (dispute), the principles of mediation, the status of a mediator, requirements for his training and other issues related to this procedure. This Law was influenced by the Mediation Directive of May 21, 2008. Common and distinctive features of such alternative dispute resolution measures as dispute resolution with the participation of a judge, mediation, amicable agreement, dispute resolution in an arbitration court are highlighted. The common features are as follows: the goal is amicable settlement of the dispute; the basis is the consent of the parties; a person’s appeal to the court is not an obstacle to the application of any of the means of amicable settlement of the dispute; at the beginning of the application of the procedure for amicable settlement of the dispute, the person conducting it is obliged to explain to the parties the goal, the procedure for conducting the dispute resolution, the rights and obligations of the parties; participants, as well as entities ensuring the conduct of the dispute resolution with the participation of a judge, mediation, amicable agreement, arbitration court, do not have the right to disclose confidential information; means of amicable settlement of disputes are not applied if they may affect the rights and legitimate interests of third parties who are not participants in the dispute resolution; if a third party “joins the case” and makes independent claims regarding the subject of the dispute – it is prohibited to settle the dispute using these means; the party to the dispute has the right to terminate the application of a peaceful means of dispute settlement; the application of means of peaceful dispute settlement cannot violate the rights and interests of other persons, the interests of the state or public interests. The distinctive features of dispute settlement with the participation of a judge, mediation, amicable agreement, and dispute settlement in an arbitration court are highlighted. It is emphasized that, unlike dispute settlement with the participation of a judge, the legislation of Ukraine establishes restrictions on the jurisdiction of cases to arbitration courts (Article 6 of the Law of Ukraine “On Arbitration Courts”), and may also provide for the peculiarities of mediation in certain categories of conflicts (disputes) (Part 2, Clause 1, Article 3 of the Law of Ukraine “On Mediation”).
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Оніщик, Юрій. "Альтернативні способи вирішення митних спорів". Krakowskie Studia Małopolskie 36, № 4 (2022): 122–39. http://dx.doi.org/10.15804/ksm20220408.
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The article is devoted to clarifying the nature and features of legally established alternative ways of resolving customs disputes in Ukraine. The spheres of application of alternative ways of resolving legal disputes are established. It is emphasized that alternative ways of resolving legal disputes can be used in both private and public spheres. Alternative ways of resolving customs disputes in court are identified: dispute resolution with the participation of a judge and conciliation of the parties. The specifics of these methods of resolving customs disputes are described. Attention is drawn to the fact that among scholars there is no single approach to understanding the nature and legal nature of the institution of dispute resolution with the participation of a judge. It is concluded that dispute resolution with the participation of a judge is an independent way of resolving customs disputes, which is coordinated directly by the judge. It is pointed out that the application of the institute of dispute resolution with the participation of a judge in customs disputes is limited, namely: in cases at the request of customs authorities in the exercise of their statutory powers and in typical cases. It is emphasized that the role of the institution of conciliation of the parties as a way of resolving customs disputes is that its application is possible at any stage of proceedings in customs disputes in the administrative proceedings of Ukraine. The author’s understanding of the following categories is given: «alternative ways of resolving customs disputes» is a set of procedures aimed at peaceful settlement of conflicts by mutual will of both parties; «settlement of a dispute involving a judge» is a way of resolving customs disputes involving a judgerapporteur for the peaceful settlement of the conflict between the parties; «reconciliation of the parties» is a way of resolving customs disputes, which is aimed at peaceful settlement of the conflict in court by mutual will of both parties. It is stated that in resolving customs disputes in court, dispute resolution with the participation of a judge can be applied only before the trial on the merits, and conciliation of the parties – at any stage of consideration and resolution of the case. It is noted that the existing legal regulation of alternative ways of resolving customs disputes needs to be updated, harmonized and systematized. In order to ensure effective functioning of alternative methods of resolving customs disputes in Ukraine, it is proposed at the legislative level to provide that in addition to administrative and judicial procedures, customs disputes may also be resolved using alternative methods and regulate pre-trial and judicial alternatives.
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ONISHCHYK, Yurii, and Karine ABDUKADYROVA. "Procedures settlement of customs disputes in the administrative proceedings of Ukraine." Economics. Finances. Law, no. 9 (September 30, 2021): 8–11. http://dx.doi.org/10.37634/efp.2021.9.2.
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It was found that customs disputes in administrative proceedings are resolved in the general claim procedure, simplified claim proceedings and claim proceedings in certain categories of administrative cases. Examples of such administrative cases on customs disputes are given. The procedure for resolving administrative cases on customs disputes in the court of first instance is considered. It is established that at the stage of preparatory proceedings such procedures for resolving customs disputes in administrative proceedings as the procedure for settling a dispute with the participation of a judge and the procedure for conciliation of the parties are provided. The specifics of these procedures for resolving customs disputes in administrative proceedings are described. It is concluded that in resolving customs disputes in administrative proceedings, the dispute settlement procedure with the participation of a judge can be applied only before the trial on the merits, and the conciliation procedure — at any stage of consideration and resolution of customs disputes in the manner prescribed Code of Administrative Procedure of Ukraine. It is noted that in contrast to the dispute settlement procedure with the participation of a judge, the decision on the results of the conciliation procedure of the parties can be appealed. It is noted that the forms of review of court decisions have certain features, but in general are carried out according to the general procedure of consideration and resolution of customs disputes in administrative proceedings. It is stated that the procedures for resolving customs disputes in administrative proceedings are characterized by certain specifics. This is due to the special subject composition (obligatory subjects of resolving customs disputes in court are customs authorities and individuals or legal entities that move items across the customs border), the scope of legal regulation (customs disputes arise from customs relations) and evidence (documents and information required for customs control and customs clearance).
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Mykytiuk, Vasyl. "Comparative Analysis of Legal Procedures for Dispute Resolution Involving a Judge and Mediation in Civil Proceedings." Actual problems of innovative economy and law 2024, no. 6 (2024): 6–10. https://doi.org/10.36887/2524-0455-2024-6-1.
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The article presents a comparative analysis of the legal procedures involved in judge-led dispute settlement and mediation in civil proceedings. Specifically, it examines shared features such as the promotion of peaceful dispute resolution, voluntary participation, confidentiality of proceedings, and procedural flexibility, which allows these methods to adapt to various situations and enhances their effectiveness in achieving peaceful conflict resolution. This emphasis on voluntary participation respects the autonomy of the parties involved, empowering them in the resolution process. Key differences include the participants, the scope of conflict resolution, the procedural order, their place in judicial processes, and duration, reflecting distinct approaches to conflict resolution in civil proceedings. Judge-led settlement involves an active role for the judge, who not only coordinates the process but may also propose a path to peaceful resolution, whereas mediation focuses on assisting parties in reaching mutual agreement through negotiation with a neutral intermediary, creating the potential for win-win outcomes. Both procedures address the needs of conflict participants. The analysis reveals that mediation is particularly effective for resolving family disputes and intellectual property conflicts. However, legislative improvements are needed for mediation to address labor and land disputes effectively. The authors underscore judge-led settlement and mediation as two effective conflict resolution methods, each with unique characteristics and approaches. Both aim to achieve peaceful dispute resolution without prolonged judicial proceedings, thereby conserving time and resources while ensuring effective protection of the parties’ rights and interests. Additionally, the authors emphasize the importance of these methods for advancing civil proceedings within the context of contemporary judicial reform. Keywords: judge-led settlement, mediation, legal procedures, civil proceedings, peaceful conflict resolution, mediator.
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Лесько, А. О. "DISPUTE SETTLEMENT WITH PARTICIPATION OF JUDGE: PROBLEMS AND PERSPECTIVES." Constitutional State, no. 34 (June 5, 2019): 48–56. http://dx.doi.org/10.18524/2411-2054.2019.34.169533.
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Kotsiuruba, A. "CONCILIATION PROCEDURES IN CIVIL PROCEEDINGS IN UKRAINE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 113 (2020): 28–32. http://dx.doi.org/10.17721/1728-2195/2020/2.113-6.
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The paper examines the legal nature and the regulatory grounds for two judicial conciliation procedures in civil proceedings, namely the amicable agreement and the procedure for dispute settlement with the participation of a judge. Attention is drawn to the urgent need to study judicial conciliation procedures in civil proceedings of Ukraine. Their functional efficiency in the current conditions is assessed, some problematic aspects of the legislative regulation of these institutions are identified and proposals are made to eliminate shortcomings and possible reformatting of these procedures, which would probably contribute to the effective and rapid resolution of civil disputes. It has been repeatedly emphasized that the development and use of conciliation procedures is a matter of the future for the entire justice system of Ukraine. The article determines the need to create a sufficient theoretical basis for the search for new or transformation of existing ways of regulating civil disputes, so that they solve the existing problems of the judicial system of Ukraine and contribute to the formation of "ideal justice". A thorough analysis of the norms of the Civil Procedure Code of Ukraine governing the application of the amicable agreement and the dispute settlement procedure with the participation of a judge is carried out; a number of remarks and proposals to the current civil procedural legislation of Ukraine are expressed. Possible ways of reformatting the legally defined mechanisms for resolving the dispute, which would partially or completely solve the tasks assigned by the legislator to judicial conciliation procedures, are proposed. Conclusions are formulated on the positive and negative phenomena caused by the reform of civil procedural legislation in terms of the conciliation procedures studied. Keywords: civil proceedings, conciliation procedures, amicable agreement, settlement of a dispute with the participation of a judge, mediation, judicial mediation.
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Ostafiichuk, Liudmyla. "SETTLEMENT OF A DISPUTE WITH THE PARTICIPATION OF A JUDGE." Technology transfer: innovative solutions in Social Sciences and Humanities 2 (March 29, 2019): 26–29. http://dx.doi.org/10.21303/2613-5647.2019.00928.
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Shevchuk, V. S. "DISPUTE SETTLEMENT WITH THE PARTICIPATION OF A JUDGE IN ADMINISTRATIVE JURISDICTION." Law and public administration, no. 1 (2023): 304–8. http://dx.doi.org/10.32782/pdu.2023.1.45.
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Проскурякова, І. М. "HISTORIOGRAPHY OF THE LAW INSTITUTE OF ALTERNATIVE DISPUTE RESOLUTION IN ADMINISTRATIVE JUDICIARY." Juridical science, no. 3(105) (March 30, 2020): 265–73. http://dx.doi.org/10.32844/2222-5374-2020-105-3.34.
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The relevance of the article is that in administrative law the legal institution is usually referred to as a kind of alternative dispute resolution, which under certain conditions is able to overcome or reduce the negative and help restore their rights. By its nature, this institution is designed on the basis of law and consensus of the parties to promptly resolve the issue on the merits and save heterogeneous resources. The consequences of this are several positive aspects, including, for example, the unloading of the judiciary, as well as a positive impact on public opinion or positive ratings of Ukraine in the world. The leading role in increasing the effectiveness of the legal institution of dispute resolution with the participation of a judge is played by its scientific basis, part of which is historiography. After all, it is well known that the neglect of the study of the genesis of thoughts is a manifestation of errors and one-sidedness, which can lead to undesirable consequences of varying severity. The purpose of the article is to provide a description of the historiography of the legal institution of alternative dispute resolution in administrative proceedings on the basis of dissertation research on dispute resolution with the participation of a judge. The article describes the historiography of the Ukrainian administrative and legal institute of alternative dispute resolution in court proceedings. The author focuses on the issue of dispute resolution with the participation of a judge at the present stage of development of scientific and legal thought. It is concluded that the issue of alternative, mediation or pre-trial settlement / resolution of disputes in the domestic legal literature remains controversial. In the past five years, a new impetus for the development of the historiography of the legal institution of alternative dispute resolution in administrative proceedings has been the problems of Ukrainian society related to unresolved judges and reasonable deadlines initiated by democratic European institutions. In Ukraine, along with its own practice, an urgent and popular transition has begun from the search for an effective model of dispute resolution to the study of empirics of dispute resolution, which is characterized by pronounced legal nihilism in part of its territory.
13
Ignatyuk, D. A. "The court’s role in conciliation of the parties in civil proceedings." Analytical and Comparative Jurisprudence, no. 4 (September 11, 2024): 111–15. http://dx.doi.org/10.24144/2788-6018.2024.04.18.
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As a result of the research, the author states the following: 1) the traditional approach to judicial proceedings, where the main thing is the definition of «right» and «wrong», is not always able to effectively resolve conflicts and satisfy the interests of the parties; 2) the court in the civil process must be interested in finding a peaceful settlement of the dispute and encouraging the parties to do so; 3) if the court applies forceful resolution of the dispute without attempts to prevent it, this indicates shortcomings in the justice system and failure to fulfill its functions to the full extent; 4) a peaceful settlement of the dispute with the participation of a mediator (conciliator) is indeed more desirable than simply issuing a court decision; 5) the reconciliation of the parties should be considered as a priority goal of court proceedings, and the resolution of the case on the merits - as an additional one, which is resorted to if reconciliation is impossible; 6) the role of the court in conciliation should not be limited to information. At the same time, certain problems of the practical application of the court reconciliation procedure provided for by the Civil Procedure Code of Ukraine in civil proceedings are presented: 1) there is an urgent need for judges to master special communication techniques and mediation skills. This requires systematic training programs for judges and the allocation of time for such training despite the workload in the courts; 2) established stereotypes regarding the role of the court as a dispute resolution body, rather than reconciliation of the parties, really create a psychological barrier to the perception of a settlement procedure with the participation of a judge. It is necessary to more actively promote the ideas of peaceful settlement in society; 3) low awareness of citizens about the benefits of conciliation procedures requires more information and explanatory work on the part of the judicial system and lawyers. The initiative of judges in offering settlement can help; 4) the fears of judges regarding the additional burden due to the settlement procedure are justified. It is necessary to provide appropriate incentives and conditions for its successful application; 5) emphasis on the legal knowledge of the judge as an advantage compared to the mediator is debatable. Psychological preparation and mediation skills are critical for reconciliation.
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Остафійчук, Людмила Аурелівна. "Principles for settlement of a dispute with the participation of a judge." Problems of Legality, no. 146 (September 25, 2019): 256–68. http://dx.doi.org/10.21564/2414-990x.146.175407.
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Dyniuk, A. A., and S. V. Diachenko. "SETTLEMENT OF A DISPUTE WITH THE PARTICIPATION OF A JUDGE IN COMMERCIAL PROCEEDINGS." Juridical scientific and electronic journal, no. 4 (2023): 259–62. http://dx.doi.org/10.32782/2524-0374/2023-4/62.
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SKOVORODINA, Olena. "Distinguishing a Dispute Settlement with the Participation of a Judge from other Alternative Forms of Settlement/Resolution of an Economic Dispute." Privat Law and Business, no. 24 (2024): 284–91. http://dx.doi.org/10.32849/2409-9201.2024.24.37.
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Iurash, I. "Peace agreements at certain stages of the civil process." Uzhhorod National University Herald. Series: Law 1, no. 78 (2023): 251–56. http://dx.doi.org/10.24144/2307-3322.2023.78.1.40.
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The article is devoted to the analysis of the main theoretical and practical problems of the classification of settlement agreements according to the criterion of the stages of the civil process. The author supports the concept common in the theory of the civil process, according to which the stages of the civil process are distinguished according to the criterion of the closest procedural goal. According to this approach, it is claimed that it is possible to single out settlement agreements that can be concluded at the stage of preparatory proceedings, the stage of dispute settlement with the participation of a judge, the stage of consideration of the case on the merits, the stage of appellate appeal of court decisions, the stage of cassation appeal of court decisions, the stage of review of court decisions under newly discovered and exceptional circumstances, stages of execution of court decisions. The possibility of concluding a settlement agreement at the stage of opening proceedings in the case is denied, since this stage does not involve the participation of the defendant, who learns about the civil case only after receiving a court order to open proceedings in the case. In addition, according to the formed position of the Supreme Court, the conclusion of a settlement agreement is possible only after the opening of proceedings.It is indicated that at any stage of the civil process, where it is allowed to conclude a settlement agreement, its approval by the court is possible, except for the stage of settlement of the dispute with the participation of a judge, where the concluded agreement is approved at the stage of preparatory proceedings. It is noted that when concluding a settlement agreement at the stages related to the appeal and execution of the court decision, it should be taken into account that the dispute about the right has already been resolved by the court of first instance. Therefore, the legislator allows the court of appeal and cassation instance to declare invalid the court decisions of the courts of the lower instance when concluding a settlement agreement at these stages of the civil process. At the stage of execution of the court decision, it is not recognized as invalid, but the approval of the settlement agreement is carried out by the court, and not by a state or private executor.Motives for concluding a settlement agreement are determined after the legal dispute in a civil case has already been resolved by the court of first instance.
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Pyshna, Alla. "APPLICATION OF MEDIATION FOR SETTLEMENT OF ADMINISTRATIVE DISPUTES IN UKRAINE." Journal of International Legal Communication 1 (June 29, 2021): 197–204. http://dx.doi.org/10.32612/uw.27201643.2021.1.pp.197-204.
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The need to introduce the institution of mediation in the domestic legal system is based on the positive results of the practical application of the institution of reconciliation in many countries around the world, which indicates its effectiveness. The use of an alternative, non-judicial way of resolving disputes, particularly, mediation, will provide an opportunity to solve the problem of court congestion. The article is devoted to the research of the introduction of the practice of settling administrative disputes through the mediation procedure in Ukraine. The problematic issues that need to be regulated in the legislation have been identified, that are principles and procedure for conducting mediation: from its initiation to the moment of termination; the legal status of the mediator, particularly, the conditions for acquiring the status of a mediator, the content of his rights and obligations, liability for violation of the law on mediation, as well as the categories of disputes in which it can be used. The feature of administrative proceedings is that one of the parties in the dispute is the subject of power. Thus, the feature of alternative dispute resolution, in particular mediation, in administrative proceedings is the peaceful settlement of relations between a state agency, on the one hand, and with a natural or legal person, on the other. There are several possibilities for legalization of the status of a mediator: the first is the implementation of mediation by professional independent mediators (for example, members of a professional association of mediators); the second is judicial mediation: or the settlement of a dispute with the participation of a judge. The issues of determining the categories of cases in which mediation can be used, in particular administrative disputes, remain unresolved. Resolving these issues will help expand the practice of mediation in the settlement of administrative disputes.
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Vovk, Pavlo. "PROCEDURAL FORM OF DISPUTE SETTLEMENT WITH THE PARTICIPATION OF A JUDGE IN ADMINISTRATIVE JUDICIARY." European Political and Law Discourse 9, no. 4 (2022): 82–88. http://dx.doi.org/10.46340/eppd.2022.9.4.8.
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Bilostotskyi, O. V. "Judge’s discretionary powers in an amicable dispute settlement with the participation of a judge." Прикарпатський юридичний вісник, no. 6 (2022): 30–33. http://dx.doi.org/10.32782/pyuv.v6.2022.5.
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Nikolenko, L. M. "Conciliation procedures in the resolution of economic disputes: a comparative legal analysis." Uzhhorod National University Herald. Series: Law 2, no. 87 (2025): 24–30. https://doi.org/10.24144/2307-3322.2025.87.2.3.
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The article examines conciliation procedures in the resolution of economic disputes by conducting a comparative legal analysis. It is emphasized that modern trends in the development of the legal system demonstrate the growing role of conciliation procedures in the resolution of economic disputes. Alternative methods of dispute resolution, such as mediation, amicable settlement, negotiations and arbitration, are actively developing in European countries. In Ukraine, the implementation of the Law «On Mediation» and the harmonization of national legislation with European standards create new opportunities for the effective consideration of economic disputes. A comparative legal analysis of conciliation procedures in Ukraine and European countries indicates the need for further improvement of legal mechanisms and expansion of the use of alternative methods of conflict resolution. In particular, mediation in the United Kingdom has a long history and is supported by both courts and legislative initiatives, which contributes to its active use in civil, economic and corporate disputes. In Ukraine, the mediation procedure is still developing, which requires more active support from the state and the business environment. Arbitration as a mechanism for resolving disputes also has significant potential. In European countries, arbitration procedures are widely used due to clear legislative norms and a high level of trust in arbitration institutions. In Ukraine, arbitration legislation is adapted to international standards, but requires improving the mechanism for enforcing arbitration awards and raising awareness among business entities about its advantages. Dispute resolution with the participation of a judge is another promising tool in the system of conciliation procedures. The experience of European countries shows that the active participation of judges in the dispute resolution process contributes to their effective consideration and reduction of the judicial workload. In Ukraine, this institution requires further development and improvement of legal regulation. It is emphasized that the expansion of the use of conciliation procedures in commercial litigation is an important direction for the development of the legal system of Ukraine, which will contribute to increasing the efficiency of dispute resolution, reducing court costs and preserving business relations between the parties.
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Oliukha, V. H., and T. S. Hudima. "SETTLEMENT AGREEMENT AS A LEGAL RESULT OF THE SETTLEMENT OF A BUSINESS DISPUTE WITH THE PARTICIPATION OF A JUDGE." Juridical scientific and electronic journal, no. 3 (2023): 219–22. http://dx.doi.org/10.32782/2524-0374/2023-3/50.
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Hopanok, I. V. "DISPUTE SETTLEMENT WITH THE PARTICIPATION OF A JUDGE IN ECONOMIC JURISDICTION AND ITS RELATIONSHIP WITH MEDIATION." Juridical scientific and electronic journal, no. 3 (2023): 212–15. http://dx.doi.org/10.32782/2524-0374/2023-3/48.
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HOPANOK, I. V. "GROUNDS AND PROCEDURE FOR TERMINATION OF DISPUTE SETTLEMENT WITH THE PARTICIPATION OF A JUDGE IN COMMERCIAL LITIGATION." Scientific Journal of Public and Private Law, no. 6 (2020): 50–54. http://dx.doi.org/10.32844/2618-1258.2020.6-1.9.
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Mamnytskyi, V. Yu. "Dispute settlement with the participation of a judge in the context of conciliation procedures under national procedural law." Актуальні проблеми держави і права, no. 101 (2024): 88–102. http://dx.doi.org/10.32782/apdp.v101.2024.11.
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Slyvka, M. M., and V. V. Slyvka. "CONCILIATION OF THE PARTIES AND SETTLEMENT OF THE DISPUTE WITH THE PARTICIPATION OF A JUDGE AS ALTERNATIVE WAYS OF ADMINISTRATIVE DISPUTE RESOLUTION IN COURT." Juridical scientific and electronic journal, no. 10 (2023): 422–24. http://dx.doi.org/10.32782/2524-0374/2023-10/101.
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Xayrulina, Asal. "COMPARATIVE ANALYSIS OF MEDIATION IN SOME FOREIGN COUNTRIES AND UZBEKISTAN: POTENSIAL QUESTIONS AND PROPOSALS." Jurisprudence 3, no. 4 (2023): 84–92. http://dx.doi.org/10.51788/tsul.jurisprudence.3.4./socu3743.
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The article is devoted to the study of the institute of mediation as an alternative dispute resolution and a tool for improving legal culture. Mediation, which defines the mechanism of pre-trial dispute settlement, that is, reconciliation of the parties to a dispute with the participation of a mediator, has long been used in the practice of developed foreign countries and has proven to be one of their effective ways of alternative dispute resolution. In this regard, a comparative analysis of the application of this procedure in the practice of foreign countries, such as Singapore, Germany, Belarus, Georgia, and Uzbekistan, as well as their experience in this area and the advantages and disadvantages of mediation is given. The current legislation of the Republic of Uzbekistan on mediation, its application and effectiveness, and the current state of the mediation institute have been studied. The problems and ways to solve them related to improving the application of mediation procedures are indicated. For example, the absence of enforcement of a mediation agreement between the parties, proposals are given for the introduction of intra-judicial mediation, which can be carried out by the court with the participation of a mediator judge on a professional basis, as well as when a mediation agreement is reached between the parties during notarial mediation and the right to perform executive inscriptions by a notary for the possibility of its further enforcement.
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Tykhanskyi, Oleksandr B., Oksana Z. Khotynska-Nor, Nataliia V. Vasylyna, and Maria V. Bondarieva. "Alternative Dispute Resolution vs. Judicial Conciliation in the Civil Process of Transit States: A Comparative Study." International Journal of Criminology and Sociology 10 (December 31, 2020): 400–411. http://dx.doi.org/10.6000/1929-4409.2021.10.48.
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The study investigates the current problems of judicial and extra-judicial conciliation procedures (alternative ways of resolving civil disputes) in states that have just started implementing such a procedural tool. Despite the fact that the term "conciliation procedures” is actively used in the science of civil procedure, this category is rather vague in countries that are just beginning to apply judicial conciliation in parallel with other conciliation procedures. Priority attention is focused on practical, legislative, and scientific problems of applying this procedural tool for rapid resolution of legal conflicts in Ukraine, as a state that only in 2017 (and in fact since the beginning of 2018) introduced this legal innovation. The purpose of the study is to elaborate on the legal nature and correlation between judicial conciliation (settlement of civil disputes with the participation of a judge under Ukrainian legislation) and alternative ways of resolving civil disputes. The study is based on several scientific methods that have identified the logic and general direction of knowledge of the problem of judicial conciliation. In particular, to determine the legal nature, essence, criteria of correlation, and delimitation of alternative dispute resolution and judicial conciliation, the study used the dialectical scientific cognition method. The study engages in a comparative study of the statutory regulation of similar procedures in the Russian Federation and Belarus legislation. It is concluded that alternative dispute resolution and judicial conciliation are closely interrelated and, depending on their types, can sometimes manifest themselves as synonymous categories or institutions of law.
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Malinnikova, D. K. "USE OF ELEMENTS OF MEDIATION IN THE DISPUTE SETTLEMENT PROCEDURE WITH THE PARTICIPATION OF A JUDGE IN A CIVIL PROCESS." Juridical scientific and electronic journal, no. 1 (2024): 141–43. http://dx.doi.org/10.32782/2524-0374/2024-1/30.
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Annisa, Intan Baretta Nur. "The Recent Crisis of the WTO Appellate Body: Is the WTO’s Reform a Solution?" Yustisia Jurnal Hukum 11, no. 3 (2022): 167. http://dx.doi.org/10.20961/yustisia.v11i3.68070.
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<p><em>At the end of 2019, the international society was surprised by the cessation of the Dispute Settlement Body of the World Trade Organization (WTO) since the United States (US) blocked the election of the new judge of the Appellate Body (AB). This study examined the superiority and drawbacks of the implementation and capacity of the WTO dispute settlement body (DSB) to maintain the trading system among the state members. This paper finds that the WTO DSB plays a crucial role in the panel report’s acceptance. WTO also continues to develop and is characterized by a strict interpretation of the WTO treaties. Nevertheless, provisions were criticized, which made their implementation inefficient, such as retaliation, the lack of transparency, the restriction of amicus curiae briefs, the procedure of concession suspension, and the deficiency in the enforcement of the report by the injured party. The crisis that happened to the AB could trigger countries to revise the mistakes in the WTO whole system. This situation presents a chance to resolve issues about the output quality and institutional mandate observance of the WTO tribunals. Overall, the ideal option for member states is to continue incurring the costs of loss, develop a consensus, earn global benefits to keep the trading system running and support the WTO through active participation.</em></p>
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Deineko, O. V., and V. V. Baranovska. "JUDICIAL PRACTICE OF SETTLEMENT OF DISPUTES WITH THE PARTICIPATION OF A JUDGE IN CIVIL JUDICIARY." Juridical scientific and electronic journal, no. 9 (2020): 75–77. http://dx.doi.org/10.32782/2524-0374/2020-9/16.
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Yevkhutych, I. M., and I. V. Zdrenyk. "MEDIATION VS SETTLEMENT OF A DISPUTE WITH THE PARTICIPATION OF A JUDGE: MAIN MODES OF RESOLUTION OF CIVIL AND ECONOMIC CONFLICTS." Juridical scientific and electronic journal, no. 1 (2023): 94–98. http://dx.doi.org/10.32782/2524-0374/2023-1/20.
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Brink, Barbara, and Albert T. Marseille. "Participation of Citizens in Pre-Trial Hearings. Review of an Experiment in the Netherlands." Central European Public Administration Review 12, no. 2-3 (2014): 47–61. http://dx.doi.org/10.17573/ipar.2014.2-3.a03.
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In 2011 the Dutch Central Appeals Tribunal, the highest Dutch court of appeal in legal areas pertaining to social security and the civil service, started consulting the parties of a dispute at an early stage in the procedure, in order to include them in the decisions about the procedural steps to be taken in the settlement of the appeal. One of the underlying rationales is that the involvement of the parties will lead to more acceptance of and contentment with the result. Since the acceptance of court decisions is considered as a criterion for the quality of the procedure, this approach should result in a better quality of the case treatment. In this article the initial results of this new case treatment are presented in the light of expectations from the literature on citizen participation in policy processes of public agencies. The data indicate that the New Case Management Procedure at the Central Appeals Tribunal can lead to an improvement of the quality of the case treatment, by inviting citizens to discuss with the judge about the case treatment. However, the procedure itself does not guarantee this increased quality.
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Mavroidis, Petros C., and Louise Johannesson. "The WTO Dispute Settlement System 1995-2016: A Data Set and Its Descriptive Statistics." Journal of World Trade 51, Issue 3 (2017): 357–408. http://dx.doi.org/10.54648/trad2017015.
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In this article, we provide some descriptive statistics of the first twenty years of the WTO (World Trade Organization) dispute settlement., that we have extracted from the data set that we have put together, and made publicly available (http://globalgovernancepro gramme.eui.eu/wto-case-law-project/). The statistical information that we present here is divided into three thematic units: the statutory and de facto duration of each stage of the process, paying particular attention to the eventual conclusion of litigation; the identity and participation in the process of the various institutional players, that is, not only complainants and defendants, but also third parties, as well as the WTO judges (panellists and Appellate Body members); and, finally, information regarding the subject-matter of various disputes, regarding the frequency with which claims regarding consistency of measures with the covered agreements (but also, at a more disaggregate level, e.g. specific provisions) have been raised. We call our work ‘descriptive statistics’, because, in an effort to provide raw material that will help researchers to conduct their research as they see fit, we have consciously refrained from systematically interpreting the data that we have assembled.
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Dudnyk, V. M., and S. V. Diachenko. "PECULIARITIES OF THE PROCEDURE FOR SETTLEMENT OF DISPUTES WITH THE PARTICIPATION OF A JUDGE: JUDICIAL PRACTICE OF ECONOMIC JUDICIAL PROCEDURE." Juridical scientific and electronic journal, no. 4 (2022): 197–200. http://dx.doi.org/10.32782/2524-0374/2022-4/44.
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Ostapiak, M. M. "Participation Of Third Parties In Simplified Lawsuit Procedure: A Practical Aspect." Actual problems of improving of current legislation of Ukraine, no. 52 (February 28, 2020): 110–21. https://doi.org/10.15330/apiclu.52.110-121.
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Third parties are special subjects in the civil process. Misunderstanding of their legal personality and their role in civil proceedings may undermine the basic principles of legal proceedings regarding the participation of third parties and the individual procedural mechanisms of civil proceedings, in particular in a simplified lawsuit procedure. A simplified lawsuit procedure is a new mechanism for consideration of civil cases. By which cases are dealt more quickly and with less procedural action. The purpose of this mechanism is to simplify the consideration of the case in the court. Third parties add difficulty in achieving this purpose by becoming procedural subjects in the case under consideration of the simplified procedure. In particular, the involvement of third parties in the case under simplified lawsuit proceedings is quite controversial. After all, the third parties claiming independent claims have their own legal interests, different from the interests of the parties. They claiming independent claims for the subject of the dispute and they enter the litigation as another claimant. At the same time, they materially and procedurally complicate the consideration of the case on the merits in court. The court simultaneously considers two claims - the plaintiff and the third party. Even in the event of a settlement agreement between the plaintiff and the defendant, the third party has the right to consider its legal claims by the court and further appeal the case. Also, it is practically impossible for third parties who file separate claims for a dispute to properly defend their rights in simplified lawsuit procedures. On the other hand, participation in the case of third parties who do not make separate claims for a dispute in the simplified lawsuit proceedings is negligible and formal. Such persons have no legal interest in the subject matter of the claim. Often, there is no need to involve them in court proceedings. However, due to misunderstandings by the legislature of the legal personality of third parties who do not make separate claims for a dispute, the judges involve them in the case in a simplified lawsuit procedure. Practical research combined with a theoretical basis on the involvement of third parties in the simplified lawsuit procedure will highlight the relevant regularities, understand their role in simplified procedures, and examine the effectiveness of a simplified lawsuit procedure with a third party.
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Rachmawaty, Rachmawaty, Matthew Marcellinno Gunawan, and Novi Nurviani. "Judicial Perspectives on the Equitable Resolution of Anti-SLAPP Cases: Insights from Indonesia." Journal of Law, Environmental and Justice 2, no. 1 (2024): 18–41. http://dx.doi.org/10.62264/jlej.v2i1.88.
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This research examines Indonesian judges' views on Anti-SLAPP case settlement and their philosophical approach. This research prescribes doctrine. The research shows that the judge's Pancasila-based Anti-SLAPP judgement needs to be revised. When the community raises environmental concerns, the practice repeats. The community will be punished in whatever way is necessary to eliminate participation. Development that harms the environment but enriches the government and corporations will continue. Based on these facts, it is known that the regulation and application of Anti-Slap in Indonesia are still being made to provide justice for all elements due to limited regulation. The lack of legal protection for environmental fighters in Indonesia shows why judges' rulings are not founded on Pancasila justice. The five Pancasila precepts guide courts' anti-SLAPP dispute resolution. A judge's ruling that exhibits legal certainty helps find the proper law while resolving court matters. Judges must consider customary and unwritten social laws when making decisions because the law may not regulate.
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Yarosh, Y. S. "Practical aspects of the application of the institution of dispute settlement with the participation of a judge as an independent type of conciliation procedure in the economic justice of Ukraine." Актуальні проблеми держави і права, no. 94 (2022): 148–62. http://dx.doi.org/10.32782/apdp.v94.2022.18.
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Melezhik, Yu. "Doctrinal approaches to identifying the stages of evolution of the formation and development of the institution of reconciliation of the parties." Uzhhorod National University Herald. Series: Law 2, no. 86 (2025): 160–65. https://doi.org/10.24144/2307-3322.2024.86.2.25.
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The scientific article notes that such changes in the regulatory and legal regulation of the institution of reconciliation of the parties as the consolidation of the institution of dispute resolution with the participation of a judge in the Civil Procedure Code of Ukraine, the definition of the legal principles and procedure for conducting mediation as an extrajudicial procedure for resolving a conflict (dispute), the principles of mediation, the status of a mediator, the requirements for his training and other issues related to this procedure in the Law of Ukraine «On Mediation» have intensified scientific discussions on the main periods of the formation and development of the institution of reconciliation of the parties in Ukraine and foreign countries, the factors that influence this development. Doctrinal approaches to the allocation of stages of the evolution of the formation and development of the institution of reconciliation of the parties, the criteria for its periodization and the characteristic features of each of the stages are analyzed. It has been established that the lack of unanimity among scientists on the issue of the evolution of the institution of reconciliation of the parties in the science of civil procedural law is due to their application of the following approaches: 1) the use of several criteria at once when identifying the stages of the evolution of the institution of reconciliation of the parties that do not belong to one classification group, and as a result, the classification of phenomena of different orders was carried out; 2) the combination of several approaches to periodization or the periodization of part of the history of the development of the conciliation procedure using one approach to periodization, and part of it using another (in particular, the symbiosis of chronological periodization and periodization of stages of social development). When identifying the stages of the evolution of the formation and development of the institution of reconciliation of the parties, the author proposes to apply two approaches: 1) a broad approach: the evolution of the institution of reconciliation of the parties from the idea of a compromise settlement of disputes to the introduction of the institution of reconciliation of the parties in state judicial proceedings and its development to the present day. According to a broad approach, the history of the establishment of the institution of reconciliation of the parties dates back to the times of primitive society; 2) a narrow approach: the evolution of the institution of reconciliation of the parties coincides with its consolidation in written sources of law.
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Bahrun, Bahrun, Syahrizal Abbas, and Iman Jauhari. "Peranan Hakim Mediator Dalam Penyelesaian Sengketa Harta Bersama Pasca Perceraian di Mahkamah Syar’iyah." Syiah Kuala Law Journal 2, no. 3 (2018): 371–87. http://dx.doi.org/10.24815/sklj.v2i3.11718.
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Pasal 4 ayat (1) dan (2) Perma Nomor 1 Tahun 2016 menyatakan bahwa wajib terlebih dahulu diupayakan penyelesaian melalui mediasi, begitu pula Pasal 17 ayat (1) Hakim Pemeriksa Perkara mewajibkan Para Pihak menempuh Mediasi. Karena Mediasi diharapkan menjadi wadah pilihan untuk memperoleh solusi yang didasarkan pada kepentingan dan kebutuhan pihak. Penelitian ini bertujuan untuk mengetahui dan menjelaskan peranan dan hambatan hakim mediator serta untuk mengetahui upaya yang dilakukan untuk mencegah dan mengatasi terjadinya hambatan tersebut. Jenis penelitian dengan pendekatan yuridis empiris. Teknik pengumpulan data melalui penelitian kepustakaan untuk data sekunder dan penelitian untuk memperoleh data primer. Analisis data yang digunakan adalah kualitatif. Berdasarkan penelitian diketahui peranan hakim mediator dalam menangani perkara/sengketa sudah berjalan, namun belum optimal. Terbukti dari 18 (delapan belas) kasus, jumlah kasus yang selesai melalui mediasi hanya 2 (dua) kasus, sedangkan tahun 2016 sampai 2017 belum ada kasus yang selesai melalui mediasi. Hal tersebut disebabkan jumlah mediator yang terbatas dan kurang memiliki kapastitas sumber daya yang memadai. Upaya untuk mencegahnya berupa sosialisasi manfaat mediasi dan mengikuti pelatihan mediasi serta mediasi harus dilakukan secara profesional. Ketua Mahkamah Syar’iyah Banda Aceh hendaknya melakukan sosialisasi manfaat Mediasi, dan Mahkamah Agung RI hendaknya mengevaluasi praktik mediasi dan menambah jumlah hakim.Article 4 paragraph (1) and (2) Supreme Court Regulation Number 1 of 2016 states that it must first be pursued a settlement through mediation, as well as Article 17 paragraph (1) of the Judicial Examining Judge requiring the Parties to take Mediation. Because Mediation is expected to be a container of choice to obtain solutions that are based on the interests and needs of the parties. This research aims to know and explain the roles of mediator judges and obstacles faced by the judgesin settling the dispute of marital propertiesafter the divorce at Mahkamah Syar’iyah of Banda Aceh. This research also aims to know the efforts done to prevent and handlethe hurdles in settling the disputes post-divorce at Mahkamah Syar’iyah of Banda Aceh. This is juridical empirical research. The data are collectedthrough library research in order to obtain secondary data and field research is conducted in order to obtain primary data.This research applies qualitative analysis. Based on the research, it is known that the role of mediator judges in handling cases / disputes is already underway, but not optimal. It is evident from 18 cases, the number of cases completed through mediation is only 2 cases, whereas in 2016 until 2017 there have been no cases completed through mediation. This is due to the limited number of mediators and lack of adequate resource capacity. Efforts to prevent it in the form of socializing the benefits of mediation and participating in mediation and mediation training must be carried out professionally. The Chairperson of the Banda Aceh Syar'iyah Court should disseminate the benefits of Mediation, and the Indonesian Supreme Court should evaluate the practice of mediation and increase the number of judges.
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Lemyk, Roksolana. "TASKS AND LEGAL GROUNDS FOR THE PARTICIPATION OF LOCAL SELF-GOVERNMENT AUTHORITIES IN CIVIL PROCEEDINGS ON BEHALF OF OTHER PERSONS." Visnyk of the Lviv University. Series Law, no. 75 (November 10, 2022): 101–10. http://dx.doi.org/10.30970/vla.2022.75.101.
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Pursuant to part 1, article 56 of the Civil Procedure Code of Ukraine (CPC), when submitting written proof supporting the existence of substantiating reasons that make it impossible for individual appeals of interested parties to the courts, it is reasonable to apply this provision to the cases in which the participation of a local self-government is optional. Such persons have an official interest, and their participation in the case facilitates to protect the rights and legitimate interests of the minors and disabled participants of civil proceedings. Local self-government bodies may apply to the court in the interests of other persons or enter into the initiated proceedings by themselves or at the request of the court. In addition, such subjects are able to provide conclusions in the exercise of their powers. Taking into consideration the expediency of barring the participation of the local self-government in the case of legal succession or the substitution of an inadequate respondent and the inadmissibility of the participants causing turmoil as to the outcome of the case in their absence, it is suggested to introduce a new edition of part 1, article 56 of the CPC as follows: «The authorities and other persons, who pursuant to article 56 of this Code, applied to the court in the interests of others, have procedural rights and responsibilities of the person on behalf of whom they are acting, with the exception of concluding a settlement agreement; settling the dispute with the participation of a judge; as well as soliciting a motion to further case consideration in their absence.» In order to legally establish the location of the local self-government authority which is to be relevant to the case in question, if the location of the place where the case is being considered differs from the location of the residence of the person in whose interest it is tried, the following third sentence is to be added to part 6, article 56 of the CPC: «The conclusion of the case is declared by the government authorities or local self-government authority of the permanent residence of the complainant or on the place where the object is located to which the conclusion applies.» The extent to which the information given by the local self-government authorities is not a source of proof, the court evaluates the situation accordingly. Taking into consideration that the conclusion drawn by the local self-government authority is broader in context than other methods of substantiation as described in part 2, article 76 of the CPC so far as testimonies of witnesses or written depositions do not take into account a legal assessment of the circumstances of the case, the author supports such legal position and considers it unnecessary to include the conclusions of the local self-government authority as evidence.
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Myronenko, M. "FOREIGN EXPERIENCE OF IMPLEMENTATION OF MEDIATION IN NOTARIAL ACTIVITIES." Scientific Notes Series Law 1, no. 12 (2022): 114–19. http://dx.doi.org/10.36550/2522-9230-2022-12-114-119.
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The article is devoted to the study of foreign experience in the implementation of mediation in notarial activities. The concepts of “mediation” and “mediator” in the national legislation are analyzed and the problem of the lack of a unified approach to endowing representatives of different professions with the powers of a mediator is singled out. It is noted that, as a general rule, the opinion of scholars is focused on the expediency of empowering lawyers, judges and notaries to conduct mediation. Emphasis is placed on the relevance of studying foreign experience, due to changes in the legislation on notaries, according to which notaries have the right to mediate, provided they undergo basic training as a mediator. The positions of the Council of Notaries of the European Union and the European Commission on the effectiveness of justice have been taken into account, according to which, by their legal nature, notary representatives can play a crucial role in the mediation procedure. It has been established that with the trust of the public, they can use their legal knowledge and hearing skills in the dispute resolution process. It is determined that the peculiarities of the introduction of mediation by a professional lawyer in different countries depend on the legal status, education and other requirements for representatives of the legal professions. The experience of Austria, Germany, Spain, France, Belgium, Georgia, Poland and other countries is analyzed. It is concluded that the introduction of mediation into the national legal system by a notary is a positive step, as he is a qualified, impartial, neutral and independent lawyer. It is emphasized that the participation of a notary as a mediator in the settlement of a conflict (dispute) ensures the legality of the procedure, its voluntariness, the reliability of explanations and other information that the parties receive in the process of joint decision-making. There is a tendency to lack a single clear approach to the regulation of the powers of a notary mediator and the procedure for notarial mediation. The most optimal options for the development of notarial mediation are proposed, related to the authority to conduct mediation, develop and certify an agreement based on the results of mediation.
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Hidayah, Nur, and Abdul Azis. "Implementation of Progressive Law in Sharia Banking Dispute Settlement: Case Study of Religious Court Decisions in Indonesia." Ulumuna 27, no. 1 (2023): 227–57. http://dx.doi.org/10.20414/ujis.v27i1.652.
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This research aims to analyze the extent to which judges have applied progressive legal paradigm in deciding Sharia banking disputes and the extent to which the decisions have fulfilled the principles of legal certainty, justice, and value. This normative legal research uses statutory and case study approaches by analyzing Sharia banking dispute decisions obtained from the website of the Supreme Court of the Republic of Indonesia. This research found that decisions based on textual legal interpretations tend to less implement progressive law, lacking of accommodating people's sense of justice as they put more emphasis on legal certainty. Meanwhile, decisions based on contextual legal interpretations tend to implement progressive law by prioritizing legal justice rather than legal certainty, more accommodating people’s sense of justice. Such different decisions are partly attributed to the different interpretations of judges due to different levels of competence and different understanding of Sharia among the judges. By participating in integrated and sustainable training, judges can improve their competence to deleiver justice for all concerned parties.
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Qureshi, Asif H. "Participation of Developing Countries in the WTO Dispute Settlement System." Journal of African Law 47, no. 2 (2003): 174–98. http://dx.doi.org/10.1017/s0021855303002080.
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In this article, a brief statistical account of the participation of developing members in the WTO dispute settlement system is given. This account is set against a consideration of the criteria for measuring the participation of developing members in the WTO dispute settlement system. This is followed by a focus on how the “developing condition” has been argued and taken into consideration in the dispute settlement practice of the WTO. Finally, some of the principal problems involved in participation, along with suggested reforms, which relate to the participation of developing members in the WTO dispute settlement system, are considered.
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Skochylias-Pavliv, Olha. "Dispute Resolution with the Participation of a Judge and Mediation as Institutions of Alternative Dispute Resolution." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 12, no. 45 (2025): 220–26. https://doi.org/10.23939/law2025.45.220.
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The article analyzes the effectiveness and practical application of the institutions of dispute resolution with the participation of a judge and mediation. The shortcomings of the institution of dispute resolution with the participation of a judge are analyzed, including: entrusting the judge with an unusual function – a neutral mediator between the parties, while the only function of a judge, according to the legislation, is the function of administering justice; in administrative proceedings in the professional environment, the procedure for resolving a dispute with the participation of a judge is perceived as a way to avoid considering the merits of the case, since in the event of termination of dispute resolution with the participation of a judge and the resumption of proceedings in the case, such a case is transferred for consideration by another judge. Therefore, the institution of dispute resolution with the participation of a judge should be excluded from the CAS of Ukraine, since the current legislation of Ukraine allows for the use of another alternative method of dispute resolution – mediation. Mediation is defined as a dynamic, structured process in which an impartial third party helps the parties to the dispute to resolve the conflict using special methods of communication and negotiations. This form of conflict resolution is based on the voluntary participation of the parties, who, with the help of a neutral mediator, seek to achieve a mutually beneficial solution. Mediation is an extrajudicial tool aimed at maintaining confidentiality, saving resources and avoiding conflict escalation. It has been noted that despite the fact that mediation has been implemented in Ukraine for over 30 years, it has not gained widespread use today. The main reason is related to the lack of public awareness of the benefits of mediation. Another reason for the lack of dissemination of mediation in the public legal sphere is related to the low level of trust of citizens in the activities of government bodies, which determines the tendency of citizens to go to court to resolve conflicts with these bodies. The article proposes ways to solve these problems. Keywords: conflict, compromise, dispute resolution, extrajudicial dispute resolution procedure, judicial mechanism, administrative justice.
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KARMAZA, Oleksandra O., Nataliia M. STEFANYSHYN, Tetiana Ya SKHAB-BUCHYNSKA, and Sergii O. KOROIED. "Institute of Dispute Resolution by the Participation of a Judge in the Court of Ukraine: Joint and Different Characteristics with the Institute of Mediation in Ukraine." Journal of Advanced Research in Law and Economics 9, no. 5 (2019): 1653. http://dx.doi.org/10.14505//jarle.v9.5(35).17.
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The relevance of this article is explained by the fact that in 2017 a new procedural institute – dispute resolution by the participation of a judge was introduced into the legal science of Ukraine, as well as in the judicial practice of Ukraine. In the jurisprudence of Ukraine, there is no consensus on the unity or difference between the institute of mediation in Ukraine and the institute of dispute resolution by the participation of a judge in Ukraine. The purpose of the article is the scientific and practical analysis of the norms of the Civil Procedural Code of Ukraine, the Commercial and Procedural Code of Ukraine and the Code of Administrative Proceedings of Ukraine in terms of determining the procedure for resolving a dispute by the participation of a judge, as well as determining the common and distinctive features of the mediation institute and the institute of dispute resolution by the participation of a judge under Ukrainian law. The article proposes improvements of Ukrainian legislation.
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Malkawi, Bashar H. "Arbitration and the World Trade Organization—The Forgotten Provisions of Article 25 of the Dispute Settlement Understanding." Journal of International Arbitration 24, Issue 2 (2007): 173–88. http://dx.doi.org/10.54648/joia2007014.
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This article explores one of the most forgotten provisions in the World Trade Organization’s (WTO’s) large body of agreements, namely, Article 25 of the Dispute Settlement Understanding (DSU) and considers the use of arbitration as an alternative means of dispute settlement under the DSU. Given the intense interest in the WTO dispute settlement mechanism and the unique importance of arbitration, Article 25 is worthy of study. It is a highly useful provision, which, were it invoked more often, could ease the dispute settlement process for the parties involved. This examination of Article 25, its genesis, and current usage patterns, also takes in a background look at the WTO dispute settlement mechanism through a procedural lens and pays particular attention to Arab countries’ participation (or non-participation) in WTO dispute settlement proceedings.
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Kyrii, O. A. "LEGAL NATURE AND CONTENT OF THE AGREEMENT BASED ON THE RESULTS OF PRE-TRIAL SETTLEMENT ADMINISTRATIVE AND LEGAL DISPUTES." Constitutional State, no. 53 (April 15, 2024): 52–62. http://dx.doi.org/10.18524/2411-2054.2024.53.300721.
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The article clarifies the essence and reveals the content of the legal nature of an agreement based on the results of the pre-trial settlement of administrative and legal disputes. The content of the agreement based on the results of the pre-trial settlement of public law disputes is investigated. As a result of the study, it is established that scholars often refer an agreement based on the results of pre-trial settlement of a public law dispute to a certain branch of law, namely, they consider it to be a type of civil law or administrative law contract. The author identifies the essential features of an agreement based on the results of the procedure for pre-trial settlement of administrative and legal disputes. The author analyses the main problematic aspects of determining the legal nature of an agreement concluded by the parties to a public law dispute following the pre-trial dispute resolution procedure. The author establishes that if pre-trial settlement of public law disputes is distinguished as an independent procedure, there will be no need for additional procedural mechanisms for certification of the agreement on reconciliation of the parties based on the results of pre-trial settlement of a dispute. The author concludes that an agreement on the results of pre-trial dispute settlement is a favourable pre-trial means of dispute resolution which allows the parties which have entered into such an agreement to achieve satisfactory results, resolve their problems and save time and resources of the court for the administration of justice. It is concluded that an agreement on the results of pre-trial settlement of an administrative legal dispute is concluded in the number of copies in accordance with the number of parties – one for each party and one copy for a judge-mediator (mediator) and comes into force on the day of its approval by a judge of a district administrative court.
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Andryawan, Andryawan. "DUALISME PENYELESAIAN SENGKETA KONSUMEN DI SEKTOR JASA KEUANGAN." Jurnal Muara Ilmu Sosial, Humaniora, dan Seni 1, no. 2 (2018): 481. http://dx.doi.org/10.24912/jmishumsen.v1i2.1469.
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The estabilishment of alternative dispute settlement institutions in the financial service sector by financial services authorithy as if it wants to compete with the existence of consumer dispute settlement agency. The estabilishment institutions of alternative dispute settlement in the financial service sector on the basic of financial service authority regulatory law number 1 year 2014 on the financial service authority, while consumer dispute settlement agency formed by the law number 8 year 1999. Verdict generated by these two institutions are final and binding, however against the verdict institutions of alternative dispute settlement in the financial service sector cannot be impelemnted if the consumer does not accept the verdict, giving rise to the possibility for financial service businesses to submit district court (of justice). Another case with verdict of the consumer dispute settlement agency it can be objected in district court (of justice) by one of the parties does not accept the verdict. The prosecuting authority (competence) of the institutions of alternative dispute resolution financial service sector and consumer dispute resolution has not been regulation, so that dualism in handling consumer disputes settlement agency. This is evidenced by the many disputes between the consumer banking or non-banking and non-financial services businesses were marked by consumer dispute settlement agency. Therefore need for strict regulation regarding the authority or competence of an absolute judge of these two institutions and needs for improvement of the legislation to get around this legal weaknes shortcomings.
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Schunken, Kenneth Ruwan. "The Advisory Centre on WTO Law: A Success Story, But for Whom?" Law & Practice of International Courts and Tribunals 7, no. 1 (2008): 59–79. http://dx.doi.org/10.1163/157180308x312920.
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AbstractDeveloping countries are facing problems in their efforts to access the WTO Dispute Settlement system. This article deals with the several problems these counties are facing. The Advisory Centre on WTO Law was founded to contribute to the greater participation of developing and least developed countries in the WTO dispute settlement system and to enhance the credibility of the WTO dispute settlement system. I will discuss the legal foundations and current operations of the ACWL. In addition, I will provide practical solutions in order to improve the operations of the Advisory Centre. These solutions contribute to a more fair and equal participation of developing and least developed countries in the WTO dispute settlement system.