Infopaket

Alternative ways of resolving disputes/Alternative dispute resolution

ДВС.28.04

Вибіркова дисципліна для ОП

Second

2023/2024

3 Semester

4

To know and master the theoretical knowledge of: the concept, system and principles of ADR; ADR sources; types and principles of alternative dispute resolution; mediation; dispute resolution with the participation of a judge; arbitration courts, legal principles of the organization, arbitration process; international commercial arbitration, combined AWRD. Be able to: generalize and systematize the basic judicial, arbitration practice, the practice of AWRD; to draw up an arbitration, arbitration, mediation agreement and determine the arbitrability and media viability of the dispute; substantiate the competence of the МКА, the arbitral tribunal; to make the statement on cancellation of the arbitration, arbitration decision. Gain basic communication skills: to solve practical cases in the field of ADR and to represent the interests of potential clients in the field of ADR organization of the work of the Arbitration, the Arbitration Board, the mediator, etc.

Full-time form

To know the concepts, features and place of alternative ways of resolving disputes in the legal system of Ukraine; types and principles of alternative dispute resolution; the procedure and features of the application of various methods of alternative dispute resolution; Be able to use theoretical provisions on alternative ways of resolving disputes to solve specific practical problems; Have the skills to: analyze the practice of using different methods of alternative dispute resolution, as well as arbitration and arbitration decisions; drafting of amicable, arbitration, mediation, as well as arbitration agreements and other documents used in various methods of alternative dispute resolution, use of regulations and other rules governing the procedures for implementing various methods of alternative dispute resolution.

Content module 1. General provisions on alternative ways of resolving disputes and the practice of their application in Ukraine. The concept, features and place of alternative ways of resolving disputes in the legal system of Ukraine. Types and principles of alternative dispute resolution. Negotiations between the parties. Mediation. Mediation procedure. Claim procedure as an alternative way of resolving disputes. The settlement agreement. Content module 2. Arbitration, international commercial arbitration, mediation - arbitration, mini-court, ombudsman, as alternative ways of resolving disputes. Alternative ways of resolving certain categories of disputes. Arbitration courts, their concepts and legal nature. Legal bases of organization of arbitration courts and endowment with their competence. Arbitration of disputes. The concept and legal nature of international commercial arbitration. Mediation, expertise, mini-court and ombudsman as alternative ways of resolving disputes.

Alternative ways of resolving disputes: textbook. manual / [M.Ya. Bilak, Yu.D. Prytyka, О.М. Spector, M.M. Khomenko]; ed. by Yu.D. Prytyka._ Kharkiv: Pravo, 2019. - 264 p. Alternative dispute resolution: textbook./ed. by Yu.D. Prytyka. [Col. authors Prytyka Yu.D., Khannyk-Pospolitak R.Yu. Kravtsov S.O., Khomenko M.M. etc.] - Kyiv: PH "Dakor", 2021. - 436 p. Alternative solution of civil disputes: a textbook/ed. N.Yu. Golubeva.-Odessa: Phoenix, 2021.-344p. Alternative ways to resolve civil disputes under the laws of Ukraine: a textbook/Verba-Sidor O.B.; Vorobel U.B.; Yurkevich Yu.M.; ed. By Candidate of Juridical Sciences, Assoc. O.B. Verba-Sidor. Lviv: Lviv State University of Internal Affairs, 2021.416p. Prytyka Yu.D. Problems of protection of civil rights and interests in arbitration: Monograph. - Kyiv: In Jure Publishing House, 2006. - 636p.

Lecture, seminar, solving practical cases, performing tasks of self-study work

Forms of student assessment - semester forms of assessment: 1. express survey - from 1 to 4 points; 2. reports and scientific works - from 6 to 7 points; 3. testing (from the set of judgments to choose the right ones) - from 6 to 7 points; 4. preparation of practical procedural documents from 5 to 7 points; 5. solving practical problems (legal cases) from 5 to 7 points; 6. two modular tests - up to 10 points for each (total: up to 20 points); The maximum score that can be obtained by a student at the end of the semester is 40 points. The minimum score to be obtained by a student on the appropriate forms of assessment is 24 points. - final assessment: a credit taken in writing.

Ukrainian