ADDITIONAL METHODS OF RESOLVING PRIVATE LAW CONFLICTS
The article is devoted to the study of additional methods of resolution of private law conflicts in the system of extrajudicial means of protecting the rights and interests of individuals and legal entities who have already received their proper status in foreign countries and have a positive practice of use in the national environment. The author analyzes such techniques as conciliation, dispute review board, shuttle diplomacy, conflict counseling, conflict coaching, and dispute panels. The author identifies the areas of application of these techniques and the specifics of their organization and activities. It is noted that in some cases, these techniques may become the final authority in resolving a conflict and in other cases, most often, they may be an additional attempt (opportunity) to resolve a conflict situation, which is used preliminarily, sequentially or in parallel with the main method of alternative dispute resolution. The author emphasizes the unsuccessful proposal of some scholars to include power and administrative methods of resolving private law conflicts as additional methods of resolving private law conflicts, which, in the author's opinion, are always ineffective. It is concluded that the use of these methods of private law conflict resolution depends solely on the personal needs of the parties concerned and the nature of a particular dispute, and on the other hand, the introduction of the latest methods of alternative dispute resolution will contribute to the enhancement of legal civilization and investment attractiveness of the country, and strengthening of international partnership.
Authors
- Сергій Володимирович Васильєв
Publication Details
- Journal
- Bulletin of Luhansk Scientific-Educational Institute named after E O Didorenko
- Published
- 2025-01-01
- DOI
- https://doi.org/10.32782/2786-9156.109.1.148-155
- Citations
- 1
- Primary Topic
- Law, logistics, and international trade
- Type
- article
- Field-Weighted Citation Impact
- 3.91