The Main Reasons for the Unpopularity of Alternative Dispute Resolution in Russia

DOI

10.2991/assehr.k.200321.097How to use a DOI?

Keywords

mediation, arbitration, social management, abuse of rights

Abstract

The number of disputes resolved with the use of alternative dispute resolution in Russia is insignificant compared to other countries: mediation and arbitration practically are not used. The article considers the main reasons for the unpopularity of alternative dispute resolution in Russia: lack of a mechanism for choosing the appropriate dispute resolution method; paternalistic sentiments of most citizens; quick consideration of cases by the state court and increase in the consideration time of the case during the conciliation procedure in case of its failure; low cost of cognizance for the parties, imperfection of mechanisms for promoting out-of-court dispute resolution; preservation of a monopoly on the dispute resolution by the state for the purpose of social management; the use of conciliation by the parties in order to abuse the right. The use of alternative dispute resolution methods will increase in popularity when these reasons are eliminated.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - S. Lazarev
PY  - 2020
DA  - 2020/03/24
TI  - The Main Reasons for the Unpopularity of Alternative Dispute Resolution in Russia
BT  - Proceedings of the XVII International Research-to-Practice Conference dedicated to the memory of M.I. Kovalyov (ICK 2020)
PB  - Atlantis Press
SP  - 127
EP  - 131
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.200321.097
DO  - 10.2991/assehr.k.200321.097
ID  - Lazarev2020
ER  -