Vainagii M. Theoretical and legal problems of negotiating process

The thesis is dealing with a comprehensive scientific research of theoretical and legal problems of negotiating process, historical genesis of negotiations, legal nature and legal problems of improving a negotiating process. Emphasis is put on the exclusive role of a human and legal regulation in order to ensure the effectiveness of negotiating process. The paper considers a history of formation of a legal institution of dispute resolution through negotiations and historical forms of negotiating process. It is studied the legal nature of negotiations and their types as a basis for understanding the peculiarities of negotiating process. There are discovered the concept, essence and stages of negotiating process. There are considered the legal regulation of tactics used in negotiations, as well as the legal regulation of participation of a neutral third party in negotiating process. There are analysed existing international legal means and procedures to settle international disputes on the example of such international organizations as the LON, UN, OSCE, OAS, UAE (AU) and the CoE. There are shown prospects for a development of negotiating process as a legal form of dispute resolution in modern conditions, in particular, at negotiations with a stronger opponent. Based on the analysed literature and on the previous conclusions, there are proposed some innovations on legal means to ensure an effectiveness of negotiating process. Namely, they include: a practical negotiating model “I am You, You are Me” (exchange of negotiating roles between participants), Rules of negotiations (rights and responsibilities of negotiators), a Negotiation Blank-Form (for confidential written filling on behalf of the opposite party), Methodical recommendations on desirable and undesirable tactics of negotiations, as well as one more additional criterium to determine the results of negotiations. The final part of the thesis is devoted to consideration of the potential prospects to improve the current state of legal regulation and to achieve a gradual reduction in a number of disputes.