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

Editorial Board

Revista Brasileira de Alternative Dispute Resolution — Sat, 21 Jun 2025 00:00:00 -0300

Editorial

Elizaveta Aleksandrovna Gromova — Sat, 21 Jun 2025 00:00:00 -0300

Editorial

Elizaveta Aleksandrovna Gromova — Sat, 21 Jun 2025 00:00:00 -0300

Comparative Analysis of Mediation Procedures in Kyrgyzstan and Other Countries

Sat, 21 Jun 2025 00:00:00 -0300

The relevance of the research stems from the need to advance alternative dispute resolution mechanisms, particularly mediation, which faces numerous gaps in both legislative and practical spheres. With the adoption of the Law on Mediation in Kyrgyzstan in 2017, the search for alternative dispute resolution mechanisms and methods has become one of the critical areas in the justice sector to ensure the quality and timely right of citizens to judicial protection. However, given all the socio economic and political circumstances, there are many gaps in the development of mediation as a social practice in Kyrgyzstan: the organization of a market for mediation services, proper legal regulation, incentives to use mediation as a means of conflict resolution, and a set of clear mediation procedures are required. Based on this, the study aims to conduct a comparative analysis of the legislation of Kyrgyzstan and foreign countries in the field of mediation, as well as to compare mediation procedures and their application. The methodological approach in this study is based on the comparative legal method, which is applied to analyse foreign experiences and the practices of Kyrgyzstan, along with the dialectical method. The study examined the institution of mediation in the Kyrgyz Republic and its historical origins. The study explored mediation as an alternative dispute resolution (ADR) method, focusing on its unique aspects in Kyrgyzstan. The authors conducted a comparative legal analysis of the legislation and peculiarities of the mediation procedure in different countries, including the USA, the UK, Germany, China and several other countries (Sweden, Singapore, and the Netherlands). The practical significance of this study is in its potential to influence legislative reforms in Kyrgyzstan, addressing existing gaps in current laws and improving the mediation framework.

Role of robot mediators in settling disputes

Ildar R. Begishev, Denis S. Kiiko — Sat, 21 Jun 2025 00:00:00 -0300

The article explores the function of robot mediators equipped with artificial intelligence in conflict resolution through a mixed-methods approach combining systematic literature analysis and comparative case studies. It thoroughly studies the key advantages of such systems: neutrality, ability to work with large amounts of data, scalability, and minimal impact of emotional factors. Special attention is paid to such technologies as machine learning, natural language processing (NLP), and using blockchain to increase safety. Important restrictions of robot mediators are also highlighted, including the lack of empathy, potential algorithmic bias, confidentiality issues, and legal uncertainty. The authors employ qualitative analysis of real-world mediation scenarios and quantitative evaluation of algorithmic performance to assess the feasibility of AI-driven solutions. The authors also consider the prospects of hybrid models, which combine artificial intelligence with human involvement, and touch upon ethical and regulatory challenges related to the globalization of mediation processes. The article highlights the need to balance technological efficiency and humanistic values, proposing various ways to integrate robot mediators into legal and social practice.

The Reform of Family Mediation in Slovenia

Katja Drnovšek, Suzana Kraljić — Sat, 21 Jun 2025 00:00:00 -0300

Slovenian experience with ADR, including mediation, is relatively recent, with the first court affiliated mediation program introduced in 2001 at the District Court in Ljubljana. The formal adoption of various legal instruments, most notably the Act on Mediation in Civil and Commercial Matters in 2008 and the Act on Alternative Dispute Resolution in Judicial Matters in 2010 represented a significant step forward in facilitating a wider access to mediation. However, it was only in 2019 that the new Family Code introduced further reforms of family mediation within the scope of a comprehensive reform of Slovenian family law. Among other notable developments, it newly defined family mediation, provided legal grounds for mediation conducted before and after court proceedings and responsible authorities, determined the rules on appointing mediators, as well as special rules for mediation conducted in family matters, and authorised the ministry responsible for family affairs with several supervisory and organisational tasks. The article analyses the new legal framework for family mediation, comparing it with court-affiliated procedures, and examines its success as demonstrated by the available statistical data.

Contract Law and Dispute Resolution as Novel Means to Resolve International Human Rights Violations in International Trade

Lindsey L. Carpenter — Sat, 21 Jun 2025 00:00:00 -0300

This article examines the relationship between international trade and the growth of human rights abuses. It offers dispute resolution, contract law, and a corporate social agreement to resolve these human rights issues. This article aims to present solutions to the growing human rights abuses in international trade because, throughout history, international trade has been a pillar in uniting societies, cultures, and peoples. With the growth of international trade, international trade law also grew. A key feature of the post-Modern era is the infusion of transnational corporations into every element of international society and culture. A direct result of this influence is a drastic rise in international human rights violations where individuals cannot find protection under international human rights laws or foreign domestic courts because such laws and courts do not have jurisdiction over transnational corporations, creating a perpetual cycle of human rights violations in international trade. This article presents a potential option to remedy these violations through alternative dispute resolution, contract law, and a corporate social agreement. This article employs qualitative and comparative research methodologies. The article includes an overview of historical and philosophical literature to establish how international trade and human rights development have consistently been connected. Additionally, the article analyzes international and state laws to delve into the gaps created by modern-day legal precedents to curtail human rights violations in international commercial trade. Through studying human rights violations within the context of international commercial trade and the existing, relevant international law, this article finds that a combination of alternative dispute resolution, contract law, and corporate social offers an innovative approach to resolving human rights issues faced by the international community. The significance of this article is to draw attention to the human rights violations occurring in the post modern era due to international trade. Specifically, this article aims to present a workable solution to international human rights violations that can be implemented where international law fails to protect individuals in these situations.

Social Partnership

Mikhail S. Sagandykov — Sat, 21 Jun 2025 00:00:00 -0300

The constitutions of numerous countries across the globe somehow express the principle of solidarity associated with the drive of the state, society, and each individual for the common good, though with the observance of human rights and freedoms, as well as the creation of conditions for their maximum enforcement. Social partnership acquired constitutional status due to the 2020 amendments. Due to this fact, the problem of implementing this principle and method of interaction in social and labor relations is highly relevant. Social partnership allows using an alternative, compared to the judicial, labor dispute resolution method based on a dialogue and cooperation. The aim of the article is to assess the potential of the implementation of norms on social partnership for the effective resolution of labor conflicts, to identify relevant legal and organizational problems, and to outline the ways of their solution. The study used general scientific methods – analysis and synthesis, deduction and dialectical method, and special legal methods – comparative jurisprudence and legal modeling. An analysis of Russian legislation, its application practice, and legal literature allows the conclusion that conciliation in resolving collective labor disputes in Russia is ineffective because of the imperfection of labor legislation and the refusal to use mediation, which causes a negative response among lawyers. Such a policy results in the inadequate use of social partnership capabilities, as well as the employees’ use of other, more stringent, often not formalized, methods to influence employers. The above facts require strengthening the state’s role in social partnership and promoting conciliation in collective labor dispute resolution. There is a need to simplify conciliation procedures legislatively. The changes could begin with the adoption of a law to establish the general principles of social partnership in Russia, the main areas, and the role of all the main actors therein – the state, public organizations, entrepreneurs, and employees.

Enforcing International Arbitral Awards in the Age of Geopolitical Tensions

Nasser Mehsin M. A. Al-Adba — Sat, 21 Jun 2025 00:00:00 -0300

The enforcement of international arbitration awards faces a growing threat: the specter of sanctions. This article explores the complex challenges when award creditors seek to enforce arbitral awards against sanctioned states. The current framework, embodied by the New York Convention, offers a foundation, but its effectiveness dwindles in the face of sanctions regimes and claims of sovereign immunity. Award creditors navigate a labyrinth, their path entangled with geopolitical tensions and the ever-shifting landscape of international relations. This article dissects the intricate interplay between sanctions, sovereign immunity, and the impact of the New York Convention on sanctions regimes. It analyses how these factors affect enforcement, jeopardising the core of international arbitration – the promise of a predictable and enforceable method for resolving cross-border disputes. The article concludes by acknowledging potential solutions but emphasising the urgent need to address the fundamental challenges before establishing a robust and predictable enforcement system. International arbitration can only fulfil its role as a cornerstone of global commerce and investment.

The Role of Alternative Dispute Resolution in Development of Inclusive Academic Environment on Inter-University Campus

Natalia S. Koneva, Natalia I. Shumakova, Elena V. Titova, Alexandra A. Sukhanova — Sat, 21 Jun 2025 00:00:00 -0300

The authors of this article investigate the specifics of implementing the human right to education for all within the framework of higher education. They utilize various methods, including comparative legal analysis, qualitative data analysis, case study, induction, and deduction, to assess the need to broaden the interpretation of inclusion in Russian national projects to increase the attractiveness of higher education through international-level university campi. The researchers use their findings to identify new categories of vulnerable citizens and highlight the importance of alternative dispute resolution methods in ensuring the implementation of inclusion within the academic environment of an inter-university campus. Ultimately, they conclude that their results enable them to combine two key aspects: ensuring inclusion as a fundamental principle of the rule of law in the academic sphere, and utilizing ADR methods as an effective tool for preventing and resolving conflicts within a university community.

Conciliation procedures in criminal proceedings in courts of first instance in Russia

Natalia Viktorovna Tkacheva — Sat, 21 Jun 2025 00:00:00 -0300

This paper focuses on the institute of conciliation in criminal proceedings in first instance courts of the Russian Federation. The research aims to examine the unique aspects of the reconciliation institution in criminal proceedings used to resolve criminal cases through justice in first instance courts. The author employed various research methods, including formal legal analysis, comparative legal methods, and a systemic approach to achieve this aim. The use of formal legal analysis allowed for the definition of special procedures for making a court judgment in accordance with the Criminal Procedure Code of the Russian Federation. Comparative legal analysis enabled the identification of the unique aspects of the reconciliation institution in criminal proceedings, which significantly differ from conciliation procedures in civil and arbitration proceedings. Applying a systemic approach to analyzing these features of reconciliation allowed for its consideration as a component of the system of special measures employed by the first instance court in criminal proceedings. It is concluded that differentiating the criminal procedural form preserves the guarantees necessary for achieving the objectives of the proceedings while maintaining its unity. All procedural features should be systematized and summarized in a special section of criminal procedure law. The court should be granted discretionary powers to integrate various features in a single case reasonably.

Unravelling the Intricacies of Judicial Intervention in International Commercial Arbitration

Rajat Solanki, Nidhi Chauhan — Sat, 21 Jun 2025 00:00:00 -0300

International Commercial Arbitration is the most favoured method for resolving international commercial disputes across the globe. Parties to international commercial contracts choose arbitration due to fear of the judiciary involvement. However, Judicial Intervention may arise in various areas of international commercial arbitration. The paper covers analysis of Indian arbitration law, judicial trends and interpretation of law by the courts. This research paper deals with the intricacies of Judicial Intervention in international commercial arbitration. This paper examines the complicated dimensions of balancing Judicial Intervention with party autonomy. The analysis circumscribes the different approaches adopted by the Indian courts, considering the effect of varying interpretations in international commercial arbitration. The paper further examines various judgments in light of emerging trends in international commercial arbitration. The analysis concludes that judicial intervention may be necessary to ensure uniformity, fairness, and justice. Although Judicial Intervention has been significantly reduced in India over the past ten years, it remains a contentious feature of Indian arbitration law.

International Criminal Law and its Contribution to Human Rights Safeguards

Saloni Mishra, Bhupinder Singh — Sat, 21 Jun 2025 00:00:00 -0300

To protect human rights, holding people accountable and demanding compensation
from countries is necessary. International criminal law tools, such as the Nuremberg Verdict of the
International Military Tribunal (IMT) and the Charter, protect several rights outlined in the Universal
Declaration of Human Rights. The 1949 Geneva Conventions expanded the scope of the universality
principle to include war crimes, and the rights protected by the numerous human rights covenants are in
line with the specific serious violations. International criminal law is essentially a supplement to human
rights, acting as a means of enforcement to determine personal responsibility and punish individuals
who infringe on these rights. Human rights legislation and the ensuing legal framework for defending
the rights of the accused. It clarifies the extent to which human rights are protected in international
criminal courts and points out certain obstacles that might result in individual rights being violated and
endanger the core idea of a “fair trial”. The paper discusses the extension of the notion of a fair trial
to international criminal proceedings and suggests possible ways to overcome these problems within
the framework of the international criminal justice system. It also explores the connections between
international criminal courts and human rights monitoring systems, looking at the potential effects on
individual rights of accusatorial and inquisitorial aspects of the international criminal process.

Labour disputes in international practice

Sat, 21 Jun 2025 00:00:00 -0300

This study aims to identify effective labor dispute resolution practices in other countries that can be adapted to improve the legal system of Kazakhstan. The study uses a formal legal method to examine the legal regulation of labor dispute resolution, a statistical method for data collection and analysis, and a comparative method to compare international experience with Kazakh practice. As a result, the main problems in the field of labor dispute resolution are analyzed and highlighted, including difficulties with the accessibility and effectiveness of judicial procedures and insufficient use of alternative dispute resolution methods such as mediation and arbitration. In addition, the study’s main results show that Poland, Germany, and the United States have different but effective approaches to resolving labor disputes. Mediation and arbitration are actively used in Poland, which helps reduce the courts’ burden and quickly resolve conflicts. Germany stands out for its system of labor courts, which specialize exclusively in labor disputes and ensure high efficiency in their resolution. In the United States, the National Labor Relations Board (NLRB) plays a key role, effectively monitoring compliance with labor laws and resolving labor disputes through administrative procedures. Based on international experience, recommendations are formulated to improve legal practice in Kazakhstan, including introducing and supporting mediation, creating specialized judicial structures, and strengthening the institutional framework for effective management and resolution of labor disputes.

Jurisdictional Conundrum in Digital Banking Frauds

Shazila Shajahan, Ambika R. Nair — Sat, 21 Jun 2025 00:00:00 -0300

Using a digital banking platform is crucial and unavoidable and as a result, it is essential to think about the possible legal repercussions of the expansion and development of electronic banking. However, the absence of online dispute-resolution systems will pose a significant barrier to expanding electronic banking. With this in mind, it proposes that the expansion of electronic banking can be maximized by adopting an online alternative dispute resolution (OADR) system, which it claims will replace traditional forms of ADR such as arbitration and mediation. This study contends that the potential for and methods of resolving conflicts arising from online activity, especially in the commercial setting, has expanded in recent years. Alternative dispute resolution mechanisms are much more critical than ever since the Internet has quickly made it possible to undertake minor transactions across jurisdictional borders. This paper makes a strong case for the use of OADR systems in e-commerce and cyberwarfare jurisdiction, and it puts forth the idea that rapidly developing digital technological frauds, especially in the banking sector, are essential in giving internet users access to facilities for dispute resolution, mainly when stakeholders are situated in various jurisdictions.