Conciliation procedures in the resolution of economic disputes: a comparative legal analysis

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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Publication Details

Journal
Uzhhorod National University Herald Series Law
Published
2025-03-17
DOI
https://doi.org/10.24144/2307-3322.2025.87.2.3
Primary Topic
International Arbitration and Investment Law
Type
article
Field-Weighted Citation Impact
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article

Conciliation procedures in the resolution of economic disputes: a comparative legal analysis

Liudmyla Nikolenko
Uzhhorod National University Herald Series Law
International Arbitration and Investment Law
article

Conciliation procedures in the resolution of economic disputes: a comparative legal analysis

Liudmyla Nikolenko
article en

Abstract

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.

Uzhhorod National University Herald Series LawVol. 2(87)
Max Planck Society (DE)
Openalex Percentile: Top 93%
International Arbitration and Investment Law
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