Comparison of Mediation Systems in the Construction Industry of Two European Countries

Trinkūnas, Vaidotas; Quapp, Ulrike; Banaitienė, Nerija; Holschemacher, Klaus; Trinkūnienė, Eva; Banaitis, Audrius

doi:10.1061/(asce)la.1943-4170.0000493

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2024

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“…But at the same time, if one of the participants refuses the mediation procedure proposed by the court, they undertake to bear all the costs even if they win the case. In Germany, disputes are settled in arbitration courts, the number of which exceed 300; they often deal with disputes that are of a consumer nature (Trinkunas et al, 2021). These include labor disputes, medical violations, insurance issues.…”

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confidence: 99%

Legal Problems of Mediation as an Alternative Way to Resolve Disputes in the Republic of Kazakhstan

2024

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The purpose of the paper is to study foreign experience in regulating the mediation procedure. Notable among the methods employed are logical analysis, dogmatic, formal legal, legal hermeneutics, deduction, synthesis, and other methods. In the course of the research, the institute of mediation was considered: the concept was studied, the role in the modern world was highlighted, its inherent features and principles of implementation were identified. The legislative base of the Republic of Kazakhstan and a number of foreign states was studied, which made it possible to highlight certain features. A comparative legal analysis of the foreign experience of the mediation procedure was carried out, in particular, the experience of the USA, Great Britain, Germany and France. The findings offer solutions to issues that will improve Kazakhstan's mediation procedure law enforcement.

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Section: Resultsmentioning

confidence: 99%

Legal Problems of Mediation as an Alternative Way to Resolve Disputes in the Republic of Kazakhstan

2024

PJC

View full text Add to dashboard Cite

show abstract

Comparison of Mediation Systems in the Construction Industry of Two European Countries

Cited by 1 publication

References 19 publications

Legal Problems of Mediation as an Alternative Way to Resolve Disputes in the Republic of Kazakhstan

Legal Problems of Mediation as an Alternative Way to Resolve Disputes in the Republic of Kazakhstan

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