ON NECESSITY OF A SINGLE APPROACH IN LEGAL REGULATION OF ALTERNATIVE METHODS OF CONFLICT RESOLUTION
Keywords:
mediation, arbitration, alternative methods of conflict resolution, arbitration court, litigation, single approach, civil law, legal regulation of conflictsAbstract
The article considers the need of applying a single approach in legal regulation of alternative methods of conflict resolution in the legislation system of the Republic of Kazakhstan.
At present, alternative methods of conflict resolution are gaining popularity in the world. In addition to traditional mediation, arbitration, arbitration courts, mixed forms of conflict resolution are spread. For example, if the parties fail to reach a satisfactory solution the mediation procedure can be continued as arbitration proceedings and etc.
This trend can be traced in the national legislation of other countries. Therefore, the article uses the method of comparative legal analysis and concludes that it is possible to apply a single approach in the Republic of Kazakhstan.
The article notes that today in the Republic of Kazakhstan there is a positive experience in regulating alternative methods of conflict resolution. Nevertheless, many progressive directions in the implementation of procedures for alternative methods of conflict resolution in the Republic of Kazakhstan haven’t been legislated. The article concludes that today there are all the prerequisites to say that a single approach presupposes the future development of alternative methods of conflict resolution.
The conclusions made in the article assess the prospects and opportunities for introducing a single approach in the legal regulation of alternative methods of conflict resolution. The article is intended for practicing scientists, lawyers who are interested in the legal regulation of conflicts and the development