Infopaket

Alternative Dispute Resolution

ВБ.01.04.28

Вибіркова дисципліна для ОП

Second

2023/2024

3 Semester

4

To obtain specialized conceptual knowledge, including modern scientific provisions on the concept, system and principles and sources of alternative dispute resolution; to be able to justify and motivate legal decisions when applying alternative dispute resolution methods; to resolve legal conflicts by applying ADR methods based on the principle of the rule of law; to convey to non-specialists in the field of law information, ideas, content and places of alternative methods of dispute resolution in the legal system of Ukraine; to independently prepare drafts of regulatory legal acts, to substantiate the social conditionality of their adoption, to predict the results of their impact on relevant social relations.

Know the conceptual provisions of the theory of law, the judicial system of Ukraine, the civil procedural law of Ukraine; know the basics of procedural forms of dispute resolution, the features and place of alternative methods of dispute resolution in the legal system of Ukraine; be able to analyze the relevant legal relations, determine their legal nature and structure; analyze judicial and other law enforcement practice; have the skills to use legal techniques.

The concept, features and place of alternative dispute resolution methods in the legal system of Ukraine. Types and principles of alternative dispute resolution. Negotiations between the parties. Mediation. Mediation procedure. Claims procedure as an alternative method of dispute resolution. Settlement agreement. Judicial and extrajudicial settlement agreements. Dispute resolution with the participation of a judge. Arbitration courts, their concept and legal nature. Consideration of disputes by an arbitration court (arbitration process). The concept and legal nature of international commercial arbitration. Mediation - arbitration as an alternative method of dispute resolution. Expertise as an alternative method of dispute resolution. Mini-court as an alternative method of dispute resolution. Ombudsman as an alternative method of dispute resolution. Online dispute resolution.

1.Civil Procedure Code of Ukraine 2.Law of Ukraine “On International Commercial Arbitration” dated 24.03.94 // Bulletin of the Verkhovna Rada of Ukraine. – 1994. - No. 25. – Art.198. 3.Law of Ukraine dated 11 May 2004 No. 1701-IV “On Arbitration Courts”// Official Gazette of Ukraine. –2004. - No. 23 (25.06.2004). - Art.1540. 4. Alternative methods of dispute resolution: manual/ [M.Ya. Bilak, Yu.D. Prytyka, O.M. Spektor, M.M. Khomenko]; general editor. Yu.D. Prytyka._ Kharkiv: Law, 2019. – 264 p. 5. Alternative dispute resolution: manual / general editor. Yu.D. Prytyka. [Collection of authors Prytyka Yu.D., Khannyk-Pospolitak R.Yu. Kravtsov S.O., Khomenko M.M. and others.]. – Kyiv: Publishing House "Dakor", 2021.– 436 p. 6. Alternative resolution of civil disputes: textbook/ edited by N.Yu. Golubeva.-Odesa: Phoenix, 2021.-344p

verbal: explanation, discussion, lecture, solving practical cases and cases of judicial practice visual: illustration, demonstration, independent observation practical: analysis of current judicial practice, practical tasks, solving problems

The maximum final grade for this discipline can be 100 points. A student can receive a maximum of 60 points on the semester control form (exam, test), to which are added the points received by the student during seminar classes. To receive an overall positive grade for the discipline, the grade for the final work cannot be less than 36 points. In the event that a student scores less than 36 points on the semester control form (exam, test), the latter are not added to the semester grade (regardless of the number of points received during the semester), and the information in the "exam points" column is marked "0", respectively, only the number of points received during the semester is transferred to the "resulting grade" column. If during the semester the sum of points received by a student based on the results of current control is more than 40 points, only 40 points are actually counted.

Ukrainian