The Problems Of Applying The Methods Of Comparative Legal And Historical Analysis In The Field Of Alternative Dispute Resolution

Abstract

The global processes of international integration and the deepening of cross-border cooperation determined the active implementation of foreign conflict resolution experience into the national mechanism for protecting individual rights. At the same time, the methods of comparative legal and historical analysis in researching ABC and developing a theoretical basis for relevant changes in the law and law enforcement practice are misused. There are rare cases of borrowing foreign experience without considering the cultural, historical, and mental characteristics of Ukrainian society. In practice, this leads to numerous problems and reduces the effectiveness of conciliation procedures. The study highlights the relevant issues and outlines ways to solve them. Comparative legal and historical analysis, forecasting, modelling, etc., were used to achieve the above goal. The article examines the problems of implementing ABC methods without proper, thorough comparative legal studies, which should precede the actual implementation of conciliation procedures. Based on the analysis of the domestic law enforcement practice of settling family disputes and the author's own practical experience, the opinions of researchers and practitioners, the existing problems are highlighted, and some ways of solving them are proposed. Special attention is paid to the review of foreign experience in the use of various mediation tools. The specifics of using mediation tools in Ukrainian realities are highlighted. The conclusion that applying combined procedures, in which mediation would be one of the elements, is more effective for Ukrainian society is substantiated. It is emphasised that, from a methodological point of view, the harmonisation of domestic private law instruments with international ones should be based on the conviction that this is really what Ukraine needs. For this, cultural and mental specificities, the national identity of Ukrainian society, modern social realities, and the challenges of war are also important.