The thesis analyzed the alternative methods of legal disputes resolution (ADR), their history, legal nature, advantages and disadvantages in compare with state courts as well as the perspective of their exercising in Ukraine considering foreign experience and international standards.
In the thesis there has been stated that ADR is a nongovernment system of forms, methods of legal disputes resolution which based on an agreement between parties and have such features as universality, flexibility, confidentiality; provides fast and efficient (with minimum expenses and time expenditures) elimination of contradictions between conflicting parties.
The author has established that for the wide implementation of ADR, appropriate legal regulation is required. Foreign legal regulations of ADR in the United States, United Kingdom, EU, Singapore, Hong Kong, Switzerland, UAE, Netherlands, Germany, India, China, Kazakhstan, showed that the effectiveness of the legal system in resolving disputes is dependent due to the country`s place in the Global Competitiveness Index of the World Economic Forum.
The author improved scientific views on the prospects of the development of other types of ADR: negotiation, dispute resolution board, expert group, mixed methods (negotiation-arbitration, mediation-arbitration), electronic dispute resolution. The author substantiated the thesis that the necessity of using the latest technologies in the application of ADR which allows the process dispute resolution to be convenient, fast and even free.
The detailed description of the legal basis of ADR in Ukraine was prescribed, as well as the main directions of improving the regulation of the legal relations at the legislative and sub-legislative levels.
The author improved scientific views on public order, as one of the grounds for the abolition of arbitration awards. In the thesis, it is stated that institute of public order should be used by a court with clear rules, which would improve the legal regulation of judicial review of arbitration awards and the further development of arbitration in Ukraine.
A number of recommendations for improving legislation to expand the use of ADR have been formulated. The author supported the necessity of developing and adopting a concept for the development of ADR in Ukraine, which should outline the purpose, tasks, measures and the list of legal acts that should be developed and adopted in order to create the proper legal basis for ADR in Ukraine.
Scientific novelty of the obtained results is determined by the fact that this work is the first in Ukraine theoretical and legal research of the ADR. It is also innovative that the author attempted to provide a comprehensive analysis of the types of ADR, to determine their legal nature and the prospects of their implementation in the context of reforms that are initiated and implemented in Ukraine.
