DISTINCTION BETWEEN MEDIATION AND OTHER ALTERNATIVE METHODS OF LAND DISPUTE RESOLUTION WITH PARTICIPATION OF A THIRD NEUTRAL PARTY
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 6, Issue
Abstract
This article is dedicated to the research of differentiating mediation with consiliation and arbitration. The author analyzes various types of the Alternative Dispute Resolution in terms of the possibility of application for resolving land conflicts. The effectiveness and expediency of using mediation as a non-jurisdictional form to defend rights of subjects of land legal relations has been substantiated. In contemporary legal science, considerable attention on the research of alternative dispute resolution mechanisms. But, unfortunately, there is no basic characteristic of their varieties and the effectiveness of using it in land relations. The purpose of the article is to analyze the theoretical definitions of the terms «consiliation», «mediation» and «arbitration» and to distinguish procedural peculiarities. The main task of the study is to formulate the feasibility of using the mediation procedure to resolve land disputes and protect the rights of subjects of land relations. In the article the author investigates the possibility of using different types of alternative methods of resolving conflicts to resolve specific land disputes. The author comes to the conclusion that in a comparative analysis with other alternative methods of resolving disputes, mediation is the most effective procedure for the protection rights of subjects of land legal relations in Ukraine and we need the legislative consolidation at the national level. This article will be of interest for scientists who study the protection of rights of land relations subjects and Alternative Dispute Resolution; for public servants who are engaged in legislative work; and for law students.
Authors and Affiliations
М. П. Кучерова
Keywords
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