CONCILIATION AS A MEANS OF ADR VS ARBITRATION AND MEDIATION
Keywords:
Alternative methods of dispute resolution (ADR), Arbitration, Mediation, Conciliation, Conciliation agreement, Conciliator, Judicial conciliator, Judicial mediator, Conciliation centerAbstract
Currently, alternative methods of dispute resolution are increasingly being developed, their specific forms of conflict resolution of different tones and hybrid forms of resolution of several different issues are also emerging. This article examines scientific-theoretical approaches as well as international and foreign legislation practices to reveal the importance and special features of such settlement as arbitration and mediation as one of the alternative forms of dispute resolution. In particular, the process of carrying out the conciliation process of such countries as China, Korea and India from Asian countries, the Russian Federation from the CIS countries, Germany, Hungary and Ireland from the European Union as well as Australia and Brazil will be analyzed comparatively by studying their similarities and different aspects,
References
Tala Esmaili and Krystyna Blokhina Gilkis. Alternative Dispute Resolution. 2017. // https://www.law.cornell.edu/wex/ alternative_dispute_resolution
Criminal Code of the Republic of Uzbekistan // https://www.lex.uz/docs/-111453
Code of Criminal Procedure of the Republic of Uzbekistan // https://lex.uz/docs/-111460
Code of the Republic of Uzbekistan on Administrative Liability // https://lex.uz/docs/-97664
Code of Civil Procedure of the Republic of Uzbekistan // https://www.lex.uz/docs/-3517337
Code of Economic Procedure of the Republic of Uzbekistan // https://www.lex.uz/docs/-3523891
Olive du Preez Conciliation: A founding element in claims management, 27th IPMA World Congress. Procedia - Social and Behavioral Sciences 119 (2014) 115 - 123. - P. 117. Available online at www.sciencedirect.com
Angelina Isabel Valenzuela Rendón. Conciliation: An Alternative to Resolve Conflicts over Damage to the Environment. International Journal of Science, Technology and Society. Vol. 5, no. 5, 2017, pp. 167-174. doi: 10.11648 / j.ijsts.20170505.14 // http://www.sciencepublishinggroup.com/j/ijsts
Esenbekova, PT (2018) “The essence of conciliation procedures in the system of alternative dispute resolution in civil proceedings,” Review of law sciences: Vol. 3: Iss. 1, Article 8. Available at: https://uzjournals.edu.uz/rev_law/vol3/iss1/8
Colombian Law 446 from 1998. // https://www.senado.gov.co/index.php/en-legislativo/informes-legislativos
UNCITRAL Model Law on International Commercial Conciliation with Guide to Enactment and Use 2002, UNITED NATIONS New York, 2004. // https://uncitral.un.org/sites/uncitral.un.org/files/media-documents/uncitral/en/03-90953_ ebook.pdf
UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation, 2018 (amending the UNCITRAL Model Law on International Commercial Conciliation, 2002) // https://uncitral.un.org/sites/uncitral.un.org/files/media-documents/uncitral/en/annex_ii.pdf
A Research Paper On Arbitration and Conciliation Act, 1996. An overview submitted by Aarushi Dhingra. Gagotias University, 2020. – P. 23. // https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3582896
Alternative Dispute Resolution: Mediation and Conciliation. Report. Law Reform Commission. First published November 2010. - P. 247.
Ekaterina Rusakova, Evgenia Frolova, Mikhail Kleandrov, Ekaterina Kupchina. The Implementation of Conciliation procedures in the Civil process: The experience of Russia and Brazil. Proceedings of ADVED 2019 5th International Conference on Advances in Education and Social Sciences 21-23 October 2019. Istanbul, Turkey. – P. 7.
