Alternative Dispute Resolution as a form of protection of civil rights, freedoms and interests

• Main Author: Олег Степанович Ткачук
• Format: Article
• Language: English
• Published: Yaroslav Mudryi National Law University 2016-06-01
• Series: Проблеми Законності
• Subjects: alternative dispute resolution; justice; civil judicial proceedings; a form of rights protection; an order of rights protection; access to justice; mediation
• Online Access: http://plaw.nlu.edu.ua/article/view/69543
• ISSN: 2224-9281; 2414-990X

The article is devoted to the problems of alternative civil dispute resolution and understanding of this phenomenon in western legal tradition and through the national paradigm of forms of protection of civil rights, freedoms and interests. The conception of “alternative dispute resolution” was analyzed by foreign and national scholars, such as M. Cappelletti, B. Garth, F. Sander, E. I. Nosyreva, O. M. Spektor, V. V. Komarov and others. The main objective of the paper is to analyse the essence of alternative dispute resolution as an order of protection and as a form of protection of civil rights. The author delimits such categories as order of protection and form of protection. From this point of view alternative dispute resolution is considered to be an independent form of protection of civil rights, freedoms and interests as well as judicial, administrative, notarial forms of protection and the protection in European court of human rights. As a result alternative dispute resolution can be understood as a form of protection of civil rights, freedoms and interests which consists of quasi-judicial and consensual methods of resolving civil disputes, based on voluntariness of treatment of persons, who was a participators of dispute, and voluntariness of enforcement of final decision of such procedure, which thought can be enforced coercively in a simplified procedure