Theses (ÁJK)
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Theses (ÁJK) Tárgyszó szerinti böngészés "ADR"
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Tétel Korlátozottan hozzáférhető Comparative analysis of alternative dispute resolution methods in the Republic of Kazakhstan and in the European UnionMukanbetov, Azim; Fézer , Tamás; DE--Állam- és Jogtudományi KarThis thesis presents a comprehensive comparative analysis of alternative dispute resolution (ADR) methods in the Republic of Kazakhstan and the European Union (EU). The study examines the legal framework, institutional structures and practical implementation of ADR in both jurisdictions. Based on the analysis of relevant legislation, case studies and academic research, the thesis highlights the similarities and differences in ADR practice between Kazakhstan and the EU. Key areas of focus include mediation, arbitration and negotiation. The results shed light on the strengths and weaknesses of ADR systems in each context, providing valuable information for policy makers, practitioners and stakeholders interested in improving ADR methods both in the Republic of Kazakhstan and in the European Union.Tétel Korlátozottan hozzáférhető The perspective of mediation as a procedural mechanism for the resolution of conflicts in the u.s and the russian federationFilina, Elizaveta; Fézer, Tamás; DE--Állam- és Jogtudományi KarThe research tackles the mediation as an alternative dispute resolution method, and specifically the implementation of such a resolution the Russian federation. furthermore, his thesis analyzes the historical experience of mediation in the U.S. and shows us how successful it is to use mediation as an alternative for a dispute resolution. throughout this thesis, the example of the United States of America is used to prove how such an implementation can be fruitful to improve the Russian legislation regarding the alternative procedure for dispute resolution. Although the U.S experiment per se is not being copied or cloned, it is just used as an example that has a positive influence and will be implemented in accordance with the Russian judicial reality.Tétel Korlátozottan hozzáférhető What is ADR and use of ADR Procedure in commercial contracts especially . Mediation clausesUllah, Asmat; Fézer, Tamás; DE--Állam- és Jogtudományi KarAlternative Dispute Resolution ("ADR") is an alternative conflict settlement strategy. It follows the main objective of solving conflicts between parties in a stunning way with the help of independent professionals or renowned neutrals. Today the role of the ADR is more important, and the number of agreements with the ADR is increasing. One of the reasons for this development is that the ADR is usually more efficient and time-saving compared to normal justice procedures. The current paper examines the most popular techniques for the solution of alternative dispute within the EU, which is mediation. It mainly focuses on the mediation process in civil and commercial conflicts. This thesis associates ADR development and the European Law Legislative International Trade Conciliation (2002) as well as other laws as well as ADR services, such as ICC and other laws related to the services, CEDR. It conjointly makes comparisons between the US and bound MSs Courts to observe concerning the ADR problems. Additionally, it recognizes the ADR in the light of the right to valid remedy (European Union Principles). In order to administer a deep insight into the subject, the paper describes additionally the ADR origin, its features and relevance, yet as its benefits over litigation/arbitration proceedings that aimed toward promoting ADR’s larger development to conflict resolution mechanisms. What is more, it brings up the crucial ADR problems that the parties to a conflict may additionally come across in the path of ADR application, specifically, viability of the agreement responsibility to resort to ADR, capacity detrimental effects for the failure to comply with such duty, confidentiality of the ADR procedure, confidentiality of the ADR method, effect at the statute of issue, and barriers which could occur at the same time as imposing the agreement