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

Resumen

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.