DISTINCTION BETWEEN MEDIATION AND OTHER ALTERNATIVE METHODS OF LAND DISPUTE RESOLUTION WITH PARTICIPATION OF A THIRD NEUTRAL PARTY

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

Related Articles

LEGAL BEHAVIOR: A THEORETICAL ANALYSIS OF THE MAIN COMPONENTS

The article deals with the problem of the main components of legal behavior. The Soviet doctrine of law and modern Ukrainian position concerning the understanding of the phenomenon of «composition of legal behavior» has...

INVESTIGATOR’S POWERS IN CASE OF A SUSPECT’S FAILURE TO ARRIVE UPON SUMMON

The article is devoted to analysis of investigator’s powers in case of a suspect’s failure to arrive upon summon. It is stated that in such a case criminal procedural sanctions include compulsory appearance, imposition o...

REPRODUCTIVE RIGHTS OF MINORS AMONG PERSONAL NON-PROPERTY RIGHTS OF CHILDREN

The article provides a general description of individual reproductive rights of minors, which are tentatively relegated to the fourth generation of human rights. The author analyse the essence of reproductive rights as a...

FORENSIC EXAMINATION FIREARMS

In the article dealing with the complexity of forensic investigation of firearms, identified the institutional and practical basis for the forensic study of firearms. Also a description of the main approaches to the fore...

SOME PROCEDURAL ISSUES DIVORCE PERSPECTIVE ON STANDARDS LEGISLATION OF UKRAINE

The article analyzes the draft Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine in the sphere of state registration of civil status to bring them into line with European standards». Analyzes the curre...

Download PDF file
  • EP ID EP477963
  • DOI -
  • Views 108
  • Downloads 0

How To Cite

М. П. Кучерова (2017). DISTINCTION BETWEEN MEDIATION AND OTHER ALTERNATIVE METHODS OF LAND DISPUTE RESOLUTION WITH PARTICIPATION OF A THIRD NEUTRAL PARTY. Юридичний науковий електронний журнал, 6(), 173-176. https://europub.co.uk/articles/-A-477963