THE MEDIATION SCREENING CRITERIA OF LAND USE DISPUTES
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 4, Issue
Abstract
This article is dedicated to the question of the mediation screening criteria of land use disputes. The authors analyze certain factors that promote «association» of certain categories of land cases for the possibility of solving them via the mediation procedure. The necessity and feasibility of mediation procedure for certain categories of land use disputes that fall under these mediation screening criteria has been substantiated. In contemporary legal science, considerable attention on the research of alternative dispute resolution mechanisms. But, unfortunately, there are none of the fundamental characteristics of mediation in land relations, and also a problem of legal regulation of the procedure. The purpose of the article is the analyses of theoretical definitions of terms «the mediation screening criteria» and the search for factors that affect them. The main task of the study is the formulation of the basic conditions for the use of mediation procedure to resolve land disputes and protect the rights of land relations subjects. In the article authors consider that the classification of the mediation screening criteria of land use disputes made under the requirements of a systematic approach that focuses on the study and knowledge of the totality of complex and hierarchical relationships between them. This article will be of interest for scientists who study the protection of rights of land relations subjects and Alternative Dispute Resolution; for public servants who are engaged in legislative work; and for law students.
Authors and Affiliations
В. В. Кононов, М. П. Петровська
Keywords
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