Research Project in Alternative Dispute Resolution

1. PROBLEM STATEMENT

For many years conflict resolution in the former Soviet Union and other countries of socialist regime was a sole privilege of the governmental court system. As any other state institution it was ideological, subjected to corruption and other negative influences. However, opening of this part of the world brought a new wind to Ukraine together with the reforms going on inside of the society. With the growing business relations the need for more effective than governmental mean of dispute resolution becomes more and more obvious.

At the present legal system reform Ukraine suffers from the lack of democratic institutions and alternative practices such as non-judicial ways of dispute resolution (arbitration, mediation, negotiation). In this connection the experience of foreign countries that have developed strong alternative dispute resolution system is of great value for Ukraine. The lawyers might be the most interested persons in developing ADR techniques and first of all in their own practical work, since the lawyer who has possessed knowledge and practical skills in both - court and mediation procedures, is able to make the highest contribution into the building of civil society in Ukraine.

Unfortunately, there is paid not enough attention by Ukrainian legal community to the concept of Alternative Dispute Resolution. Clear example of disregarding ADR theory is absence of any mentioning of ADR in the Concept of Judicial Reform of Ukraine of 1992 as well as in any other governmental program. There were made no research of ADR in Ukraine whatsoever and correspondingly no books published. Therefore, it is obviously impossible to adopt a valid legislation without understanding the nature of institutions in question.

With the current reform of Ukrainian legal education system there emerges a definite trend for more practical skills education. The curriculum reform that is currently undergoing at the Economics and Law Faculty, Donetsk State University has a greater impact on the practical implementation of received knowledge and skills and specialization in the sphere of commercial law. There introduced life client legal aid clinical program for students. There is also a great demand for practical courses in counseling and negotiation. Therefore, ADR courses are worth to be at least piloted and later introduced into law curriculum.

2. PROJECT OBJECTIVES AND OUTCOMES

Project Objective- to promote democratic practice and institutions of alternative dispute resolution for transitional societies by conducting and implementing research project "Alternative Dispute Resolution" at the economics and Law Faculty, Donetsk State University

Project Outcomes

1. Research materials will serve as a basis of dissertation for candidate nauk

2. Course based on the results of the research will be implemented as an optional course at the Economics and Law faculty, Donetsk State University.

3. There will be also published a Manual on Alternative Dispute Resolution based on the above research

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