RUDN Journal of Law (Dec 2018)
AGREEMENTS ON ALTERNATIVE METHODS OF SETTLEMENT OF THE CONFLICTS: CHARACTERISTIC OF MAIN TYPES AND PREREQUISITES OF THEIR DEMAND
Abstract
In the conditions of advanced civil society there are different conflicts demanding their fast professional permission with preservation of the friendly relations between the arguing parties on the basis of an adaptive loyal algorithm of permission. Permission of the legal conflicts is traditional, protection of the rights of citizens and the organizations, the state and public interests is carried out by means of justice. At the same time the appeal to a judicial form of protection of the right is not always required and it is expedient for the business environment, especially concerning those conflicts which arise in the sphere of the civil relations. At such to circumstances conflicting parties even more often began to address alternative methods of settlement of the arising conflicts and to conclude the relevant agreements. Search of optimum model of the agreement and the corresponding alternative method of settlement of the conflict is an important practical question for which solution the corresponding theoretical developments are necessary. The main objective of article consists in the analysis of intrinsic characteristics of different types of agreements on alternative methods of settlement of the conflicts as enshrined in the domestic legislation (agreement on mediation, arbitration agreement, agreement on a claim order of settlement of disputes), not found in it reflection and based only on the created law-enforcement practice (agreement on a negotiating order, agreement on med-arb, agreement on mini-court) and identification on their basis of the factors influencing the choice of conflicting parties. The theoretical basis of a research was made by works of the Russian and foreign researchers in which separate agreements on alternative methods of settlement of the conflicts are considered (Chotsanov, 2012:77-84; Inshakova, Kazachenok 2013:66-71; Inshakova, Nikolyukin, Alekseev, 2012:176, etc.). The methodological basis of the real research is formed by general scientific methods among which dialectic, inductive, deductive, synthesis, the analysis, generalization, etc. and also private science methods (interpretative, legallistic, etc.). As a result of the carried-out analysis the features of the analysed types of agreements on alternative methods of settlement of the conflicts following are revealed from existence or lack of their standard regulation. Besides, with the author it is emphasized that a number of similarities among which there is an existence of the third neutral party, a condition about confidentiality, ways and an order of the conclusion, etc. are inherent in all considered agreements regardless of this fact. Following the results of the conducted research the author allocated two groups of the factors influencing the choice of the concrete agreement for the conclusion by conflicting parties: objective (not depending on will of the parties) and subjective (the choice of the agreement for the conclusion is based on will of the parties).
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