Amicable Dispute Resolution: a comparison of the Polish and Russian legal perspective-Reference-Cited by-同舟云学术

Amicable Dispute Resolution: a comparison of the Polish and Russian legal perspective

Published:2014-06-15 Issue:1 Volume:2 Page:61-67
ISSN:2309-2653
Container-title:Comparative Research In Law and Politics
language:en
Short-container-title:

Author:

Зенкевич Адам,Zienkiewicz Adam Zygmunt

Abstract

The article is devoted to Amicable Dispute Resolution (ADR). The essence of amicable means of dispute resolution and the basic forms of ADR (negotiation, mediation, arbitration) are considered. Author treats these forms as the first class justice. In his point of view mediation and the other basic forms of ADR are "the Complementary Forms of Justice". Then there is the detailed analysis focuses on the most important law acts concerning mediation in civil matters in Poland and the Russian Federation. The comparison presents the essential differences between the Polish and the Russian regulations. In conclusion, the five mainly motives of using ADR are noticed. The broader functions of ADR connected not only the classical regulatory, protective or harmonizing issues are shown.The article is devoted to Amicable Dispute Resolution (ADR). The essence of amicable means of dispute resolution and the basic forms of ADR (negotiation, mediation, arbitration) are considered. Author treats these forms as the first class justice. In his point of view mediation and the other basic forms of ADR are "the Complementary Forms of Justice". Then there is the detailed analysis focuses on the most important law acts concerning mediation in civil matters in Poland and the Russian Federation. The comparison presents the essential differences between the Polish and the Russian regulations. In conclusion, the five mainly motives of using ADR are noticed. The broader functions of ADR connected not only the classical regulatory, protective or harmonizing issues are shown.

Publisher

Infra-M Academic Publishing House

Subject

General Medicine

Reference38 articles.

1. Kovach K.K., Mediation. Principles and Practice. Third edition, Saint Paul 2004, p. 4–5., Kovach K.K., Mediation. Principles and Practice. Third edition, Saint Paul 2004, p. 4–5.

2. Zienkiewicz A., Studium mediacji. Od teorii ku praktyce Warszawa, 2007, p. 24–25., Zienkiewicz A., Studium mediacji. Od teorii ku praktyce Warszawa, 2007, p. 24–25.

3. Kovach K.K., op. cit., p. 6., Kovach K.K., op. cit., p. 6.

4. Riskin L., Westbrook J., Guthrie Ch., Heinsz T., Reuben R., Robbennolt J., Dispute Resolution and Lawyers. Abridged Edition. Third Edition, Saint Paul 2006, p. 99., Riskin L., Westbrook J., Guthrie Ch., Heinsz T., Reuben R., Robbennolt J., Dispute Resolution and Lawyers. Abridged Edition. Third Edition, Saint Paul 2006, p. 99.

5. Compare: Riskin L., Westbrook J., Guthrie Ch., Heinsz T., Reuben R., Robbennolt J.,op.cit., p. 13., Compare: Riskin L., Westbrook J., Guthrie Ch., Heinsz T., Reuben R., Robbennolt J.,op.cit., p. 13.