Revista Brasileira de Alternative Dispute Resolution - Brazilian Journal of Alternative Dispute Resolution - RBADR

Confidentiality and trust in AI-assisted mediation

2025-09-24T10:38:39-03:00

Artificial Intelligence (AI) is reshaping the legal field, including mediation as an alternative dispute resolution mechanism. While AI tools can enhance efficiency, accessibility, and predictive capabilities, their integration into mediation raises concerns over confidentiality and trust. Confidentiality has long been a cornerstone of mediation, yet when AI systems process sensitive data, risks emerge related to data protection, oversight, and public confidence. This article examines the legal and regulatory challenges of incorporating AI into mediation in Kazakhstan. It reviews international standards, particularly the European Union’s privacy-by-design principles, and compares them with existing Kazakh legislation. The study highlights significant legal gaps: current national laws protect data primarily at the operational stage but lack provisions for embedding privacy at the design stage of AI systems. Using doctrinal and comparative methods, as well as regulatory benchmarking, the article identifies shortcomings in Kazakhstan’s legal framework and proposes recommendations for aligning it with international best practices. The analysis confirms that without robust legal safeguards, AI-supported mediation risks eroding trust rather than strengthening it. However, with targeted reforms, Kazakhstan can establish a framework that balances technological innovation with the protection of fundamental rights, fostering greater confidence in AI-driven mediation.

Mediation in criminal proceedings

2025-09-13T22:06:35-03:00

In the contemporary world, criminal justice is undergoing a period of fundamental transformation. Innovative approaches aimed at restoring justice through dialogue and reconciliation are replacing the exclusively punitive paradigm. Criminal mediation, as a key instrument of restorative justice, opens new horizons for resolving conflicts arising from crimes, allowing victims and offenders to meet face-to-face in pursuit of healing and justice. This study presents a comprehensive comparative analysis of three fundamentally different models of criminal mediation that have emerged within various legal traditions worldwide. The analysis encompasses the American model of adversarial restorative justice, with its emphasis on party autonomy and community participation; the German Täter-Opfer-Ausgleich system, distinguished by its systematicity and professional standards; and evolving reconciliation models in post-Soviet countries, where traditional approaches to dispute resolution meet modern legal reforms. The methodological foundation comprises an interdisciplinary approach that combines doctrinal analysis of legal norms with empirical research of practical outcomes. The study is based on an extensive array of statistical data, including German TOA statistics covering more than 7,000 cases, reports from the U.S. Department of Justice, and unique data from Russia, Kazakhstan, and Ukraine for the period 2015-2023. The research findings reveal a fascinating picture of diverse approaches to implementing restorative justice. The American model demonstrates outstanding flexibility and high victim satisfaction rates (85-95%), the German system impresses with its systematicity and stable results (70% successful completions), while post-Soviet models, despite more modest indicators (45-60%), represent a unique experience of integrating international standards with local justice traditions. The study convincingly demonstrates that the choice of legal tradition does not merely influence procedural aspects of mediation, but determines the very philosophy of the approach to restoring justice. Continental law systems create a solid institutional foundation for the systematic development of mediation, and common law systems ensure maximum adaptability to participants’ needs. At the same time, post-Soviet jurisdictions offer new opportunities to synthesize diverse legal cultures into a unified, harmonious system. The comparative analysis concludes that while no single model emerges as universally superior, effective criminal mediation implementation requires systematic legal integration, professional development, and adaptation to local contexts. The study proposes an integrated model that synthesizes the strengths of all three approaches while addressing their respective limitations, emphasizing the need for comprehensive enabling legislation, professional standards with community involvement, and graduated implementation strategies tailored to specific legal and cultural environments. This research makes a substantial contribution to the development of comparative jurisprudence and restorative justice theory, offering scientifically grounded recommendations for improving existing models and creating new criminal mediation frameworks across various legal systems worldwide.

Interaction between mediation and the notariat

2025-12-09T09:29:47-03:00

This article highlights the relevance of applying alternative methods of dispute resolution, in particular the institution of mediation. It analyzes the history of mediation in the Russian Federation, as well as the current state of this institution and its legislative regulation. The authors examine issues related to the further development of mediation and possible ways of its improvement, including the interaction between mediation and the notariat. At present, the interaction between mediation and the notariat is becoming increasingly relevant and widely discussed in academic circles. Mediation and the notariat are two areas of legal practice, each with its own specific features and aims. However, upon closer examination, several key aspects and areas can be identified where these two spheres intersect and may interact. More specifically, the article addresses the notarization of mediation agreements, since in this context it is premature to consider the development of mediation completed. On the contrary, the steady progress of the institution of mediation and its growing role in conflict resolution are clearly evident. One of the stages of this development is the possibility of notarizing mediation agreements, which acquire the legal force of an enforceable instrument. It is difficult to disagree that a notary, by virtue of the combination of professional qualities and the legal regulation of his or her activities, can most effectively act as a mediator. This issue has been examined in the works of a many scientists. In conclusion, the authors of the article argue that the interaction between mediation and the notariat represents a promising direction for the development of legal practice. The joint efforts of mediators and notaries may contribute to improving the effectiveness of legal conflict resolution, protecting the interests of citizens, and strengthening legal culture in society. It is essential to continue research in this field and to develop practical methods of cooperation between mediators and notaries in order to achieve the best possible results in the legal sphere.

Comparative legal analysis of alternative forms of legal conflict resolution in the United States and Russia

2025-12-09T16:57:34-03:00

The study aims to conduct a comparative legal analysis of alternative forms of conflict resolution in the United States and Russia, identifying their common and distinctive features, and to substantiate the possibility of incorporating certain legal norms into the domestic legal system. Methodology: The research employs dialectical, formal-legal, and comparative-legal methods. Main content: The article examines the legal regulation and the main stages of the development of alternative forms of legal conflict resolution in the United States and Russia. The study identifies both similarities and differences in the legal regulation of such mechanisms. Conclusions: In contrast to the United States, mediation in Russia has not been widely implemented despite its formal recognition in statutory legal acts. This is primarily due to the peculiarities of the Russian legal consciousness, which tends to place greater trust in the traditional judicial system. More widespread in Russia is the settlement agreement, which serves as an alternative within the framework of conventional justice. Similarly, claim proceedings function as part of the pre-trial dispute resolution process. Given the prevailing public distrust of alternative methods of conflict resolution, it appears unnecessary to expand their scope further; rather, efforts should focus on developing and improving existing forms.

Quantum arbitration

2025-12-10T09:28:52-03:00

The article focuses on the challenges and future possibilities of quantum arbitration, which is envisioned as the arbitration of the future. The legal scientific community is currently engaged in extensive discussions about quantum technologies, as it has been demonstrated that the properties of quantum phenomena can significantly influence various areas of law, particularly in dispute resolution. This article explores the potential of incorporating quantum technologies into arbitration, highlighting how they can enhance effectiveness in specific aspects of the arbitration process, including case management, execution of arbitration agreements, and predictive arbitration analytics. Additionally, the article seeks to deepen the doctrinal understanding of the prospects and legal implications of employing quantum technologies in arbitration. To accomplish this, the authors utilized a variety of methods, including legal forecasting and comparative legal analysis. The authors conclude that it is essential to adapt and modernize existing regulations and propose a multilevel regulatory framework for quantum arbitration.

On the positive legal responsibility of certain subjects of alternative dispute resolution

2025-12-09T17:18:13-03:00

The purpose of this study is to explore the philosophical and legal dimensions of legal responsibility attributed to specific subjects engaged in alternative dispute resolution (ADR), as well as to identify potential gaps in the legal regulation of this area. Research methodology: the author employs the dialectical method of cognition, along with formal legal and comparative legal methods. Techniques such as analysis and synthesis, deduction and induction, are also applied. The main body of the article examines the philosophical and social dimensions of positive responsibility among ADR subjects through the categories of reasonableness and good faith, as well as their dialectical relationship with society. Based on the social dimension, the legal aspect of positive responsibility is revealed through the categories of impartiality, reasonableness, and the correlation of subjective rights and obligations. The current legislation governing this sphere is analyzed, revealing gaps in legal regulation. Conclusions: The article argues that the social responsibility of ADR subjects is manifested through a dialectical interrelation among the parties, which is grounded in their unity, differences, and contradictions. Positive legal responsibility directly arises from their social responsibility and may be expressed in adherence to prohibitions and the exercise of rights accompanied by obligations. It is also argued that the negative legal responsibility of ADR subjects is insufficiently codified.

Mediation as an Instrument for Animal Justice

2025-07-10T10:23:39-03:00

This paper addresses the growing complexity of pet custody disputes in divorces, recognizing them as members of "multispecies families". The main objective is to propose mediation as the most evolved tool to resolve these conflicts, focusing on shared responsibilities rather than property rights. The methodology used is a documentary and comparative analysis, contrasting the adversarial judicial system with the collaborative approach of mediation, which focuses on the well-being of all involved. The results show that mediation is the ideal setting, as it drastically reduces economic and emotional costs and offers the flexibility to create personalized agreements. These tailored pacts can regulate custody, visitation, distribution of expenses, health decisions, and future contingencies in detail, something a court could not impose. In conclusion, the study affirms that the widespread adoption of mediation is an indicator of the justice system's maturity. It represents a more empathetic and effective family justice system that protects relationships and the well-being of all family members, constituting a constructive path that prioritizes animal welfare and the emotional stability of the people involved.

Causes of Civil Law disputes between subjects of entrepreneurial activity

2025-04-28T11:34:27-03:00

This study examines the causes of civil law disputes between business entities in Kazakhstan and compares them with similar disputes in the United States, the United Kingdom, and China. Utilizing a comparative analytical approach, the research analyzes statistical data from official legal sources and specialized legal websites spanning 2015 to 2022. The analysis identifies key drivers of disputes, including breaches of contractual terms related to payment and delivery, property rights conflicts, and fraudulent business practices. Despite differences in national contexts, the study finds that most disputes stem from misunderstandings over financial arrangements, contract management, and decision-making authority. The paper further evaluates the effectiveness of Kazakhstan’s legal framework, highlighting the limited practical implementation of alternative dispute resolution mechanisms such as mediation and arbitration. The results contribute to the ongoing discourse on improving dispute resolution processes by proposing reforms to align Kazakhstan’s legal system with international best practices, thereby better supporting entrepreneurial activity and reducing the burden on courts.

New Arbitration Rules in Mainland China

2025-09-27T07:15:43-03:00

The introduction of new arbitration rules in mainland China has the potential to reshape the dispute-resolution landscape significantly. China has a strong ambition to provide the world’s most comprehensive and effective arbitration rules. To cite a few examples, the China International Economic and Trade Arbitration Commission (CIETAC) and the Shanghai International Economic and Trade Arbitration Commission (SHIAC) have adopted a fresh perspective on the ongoing changes, namely digitalisation, which has been prioritised in mainland China. Both e-agreement and e-award can be signed with an electronic signature, which is binding under Chinese law. In addition, China’s arbitral institutions make use of artificial intelligence (AI). The Guangzhou Arbitration Commission (GAC) introduced the so-called AI arbitration assistant, which not only enables simultaneous interpretation but also the creation of transcripts in arbitration proceedings. The main research objectives are: to examine recent changes in the arbitration rules of Chinese arbitral institutions regarding both digitalisation and the integration of AI-powered tools; and to assess the potential of Chinese innovation-driven solutions to shape international arbitration standards. Therefore, this analysis raises the question of which solutions explicitly offered by the leading arbitration institutions in China are likely to be adopted globally. It leads us to conclude that China is determined to adapt its national legislation, even in some sensitive areas such as ad hoc arbitration, to pave the way for becoming a fully recognised dispute resolution centre in line with international standards.

The Transformative Role of Mediation in the Nagorno-Karabakh Conflict under Conditions of Trust Erosion and Militarization

2025-08-11T13:00:17-03:00

The study aims to identify the mechanisms through which protracted and ineffective mediation led to the militarisation of the Nagorno-Karabakh conflict and its transformation into an active phase of armed confrontation. The study employed a historical-chronological approach to trace the evolution of mediation mechanisms, institutional analysis to examine the structural shortcomings of the Organisation for Security and Co-operation in Europe (OSCE) Minsk Group, statistical analysis to explore the correlation between the failure of diplomatic initiatives and the dynamics of military expenditures of the conflicting parties, and a comparative method to contrast different phases of the mediation process with militarisation trends. The study revealed a systemic transformation of the mediation format, accompanied by a progressive erosion of the conflicting parties’ trust in mediation mechanisms. A clear correlation emerged between failed diplomatic initiatives and the intensification of military preparations, particularly evident after the failure of the Kazan Document in 2011, when Azerbaijan’s military budget increased from USD 1.48 billion to USD 3.08 billion in just one year. Between 1994 and 2020, Armenia’s military expenditures increased 23-fold, and Azerbaijan’s by 202-fold. The study identified structural shortcomings in the mediation mechanism, including the lack of coordination among the Minsk Group co-chairs, the absence of effective instruments to enforce peace, the inability to control the arms race, and the non-inclusive nature of the peace process. Particularly problematic was Russia’s dual role as a co-chair of the Minsk Group, which, while serving as a co-chair, simultaneously acted as the leading arms supplier to both parties – providing approximately 57% of Azerbaijan’s and 94% of Armenia’s weapons imports between 2008 and 2020. The study’s findings had practical relevance for developing more effective mediation strategies in protracted conflicts and for improving the institutional design of multilateral settlement mechanisms, which could help prevent the transformation of diplomatic processes into catalysts for further escalation.

Influence of various legal subjects on territorial sovereignty and alternative dispute resolution

2025-12-09T17:38:46-03:00

Contemporary scholarship and policy discussions increasingly acknowledge the ongoing transformation of the established world order. This paradigm shift is accompanied by significant changes in international legal frameworks across multiple jurisdictions. The present study examines the evolving dynamics of territorial governance and the multifaceted influences exerted by various actors in this process. Through interdisciplinary analysis, this work develops a comprehensive theoretical framework that addresses the politico-legal dimensions of territorial sovereignty. The research offers original typologies: (1) a classification of external influences on territorial governance, and (2) a categorization of territories based on their vulnerability to external interventions and the strength of state sovereignty in today’s geopolitical landscape.

AI toolkit for arbitrators

2025-07-01T21:30:54-03:00

Taking into account the rapid development of technology and the swift integration of artificial intelligence (AI) in all aspects of human life, including law and justice and the process of dispute resolution, such as international commercial arbitration (ICA). This article, by adopting a qualitative analytical methodology, analyses whether arbitrators can utilise AI-based large language models and AI agents for their pivotal functions of analysing pleadings, assessing documentary evidence, and legal decision-making. The central thesis of this article is that an arbitrator’s use of AI introduces technological risks, which subsequently generate legal risks in arbitration and thereby jeopardise the arbitrator’s legal duty as well as the enforceability of the award. Thus, this article explores the acceptable, undesirable, and egregious use of AI by arbitrators in ICA. At first, the author establishes the current legal framework of the ICA and the prevailing guidelines for the usage of AI in arbitration. Subsequently, the author critically analyses each such use case, bringing out the technological challenges and the subsequent legal risks that are attached to such usage of AI by the arbitrator in the conduct of arbitral proceedings. Lastly, the author concludes by explaining how arbitrators can safely leverage and integrate the use of AI in arbitration while avoiding its potential risks and challenges.

Mediation in Ukraine

2025-12-10T09:57:44-03:00

This article explores the development of mediation in Ukraine through the EU accession process and the alignment of the Ukrainian legislation with Directive 2008/52/EC on specific aspects of mediation in civil and commercial matters. Although the Law of Ukraine ‘On Mediation’, adopted in 2021, reflects the general principles of mediation, substantial gaps remain in ensuring full compliance with the EU acquis. Structurally, the article consists of two parts: the first part analyzes national legislation on mediation in light of Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters (hereinafter – Directive 2008/52/EC); the second part focuses on the issue of statistical data within the further reforms of the mediation in Ukraine in terms of the European Commission Enlargement Report on Ukraine 2024. The article concludes that the successful integration of mediation into the Ukrainian legal system can serve as both a driver of internal legal reform and a tangible step toward fulfilling the values and requirements of EU membership.

The Guangzhou Arbitration Commission and the BRICS Initiative

2025-12-10T10:16:30-03:00

The Guangzhou Arbitration Commission (GZAC) has played a central role in the modernization and internationalization of commercial arbitration in China since its establishment in 1995. Strategically located within the Guangdong–Hong Kong–Macao Greater Bay Area, GZAC has positioned itself as one of the country’s leading arbitral institutions, ranking first nationally in case volume and sectoral diversity. Through innovative digital platforms and the establishment of specialized arbitration courts, GZAC has set a precedent in efficiency, technological integration, and accessibility in arbitration proceedings. Within the BRICS framework, GZAC stands out as a key institutional actor, spearheading the BRICS Joint Arbitration Center Mechanism in collaboration with prominent institutions from Russia, India, Brazil, and South Africa. The 2025 Moscow meeting of the International Expert Committee marked a milestone in advancing multipolar legal governance, emphasizing cooperation, digital transformation, and capacity-building. This report details GZAC’s historical development, its institutional mission, and its strategic influence in shaping a global arbitration agenda under BRICS leadership. The document emphasizes how GZAC’s initiatives could help build a multipolar arbitration system that addresses current economic and legal challenges.

Editorial

2025-12-09T16:50:49-03:00

Editorial

2025-12-04T10:15:32-03:00

Editorial Board

2025-12-05T10:18:06-03:00