Mediation as an Appropriate Tool of Settling Civil Disputes
Mediation as an appropriate tool of settling civil disputes
1. Introduction.
2. Conflict as a starting point for a dispute.
3. Mediation as alternative way in disputes settlement.
4. National legislation of England on mediation.
5. Characteristic of international legal norms concerning mediation.
1. International aspect of mediation.
2. Mediation in the scope of European States.
6. Conclusion.
INTRODUCTION
The economic activities of the individuals and artificial persons are the basis of welfare of any state. It leads to the formation of public and legal relations which come into existence in the process of executing such activities. At the same time it must be admitted that these relations never carried smooth temper as there is always a probability for arising a dispute so far as private interests can be infringed. Most of the conflicts can be settled by the parties on compromise basis but some of them are still remaining unsolved. There are different reasons such as clash of opinions or failure to understand one another. In that case the participant of the conflict, who is of opinion that his rights are infringed, most likely will take prompt action to be rehabilitated by force of the court decision.
The centuries-old experience of doing a justice is evidence of the fact that litigation is not always able to solve a conflict and to give pleasure to all parties of a dispute. First of all the legal process is expensive and it usually takes a lot of time. At the second the litigation excludes the confidentiality as all the parties of the dispute must disclose the information to the public. Thirdly it is impossible to give a fair trial in terms of satisfying all parties of the dispute so far as there is someone who is successful in action and someone who is not. The last circumstance makes conflicting parties to seek alternative methods of solving a
1. Introduction.
2. Conflict as a starting point for a dispute.
3. Mediation as alternative way in disputes settlement.
4. National legislation of England on mediation.
5. Characteristic of international legal norms concerning mediation.
1. International aspect of mediation.
2. Mediation in the scope of European States.
6. Conclusion.
INTRODUCTION
The economic activities of the individuals and artificial persons are the basis of welfare of any state. It leads to the formation of public and legal relations which come into existence in the process of executing such activities. At the same time it must be admitted that these relations never carried smooth temper as there is always a probability for arising a dispute so far as private interests can be infringed. Most of the conflicts can be settled by the parties on compromise basis but some of them are still remaining unsolved. There are different reasons such as clash of opinions or failure to understand one another. In that case the participant of the conflict, who is of opinion that his rights are infringed, most likely will take prompt action to be rehabilitated by force of the court decision.
The centuries-old experience of doing a justice is evidence of the fact that litigation is not always able to solve a conflict and to give pleasure to all parties of a dispute. First of all the legal process is expensive and it usually takes a lot of time. At the second the litigation excludes the confidentiality as all the parties of the dispute must disclose the information to the public. Thirdly it is impossible to give a fair trial in terms of satisfying all parties of the dispute so far as there is someone who is successful in action and someone who is not. The last circumstance makes conflicting parties to seek alternative methods of solving a
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