Concept and classification of alternative ways of civil law disputes resolution

Abstract

This article studies the types of alternative dispute resolution. The aim of the research is a comprehensive analysis of theoretical regulations and problems of law enforcement practice of an alternative dispute resolution institute and thus, the development of proposals aimed at improving the domestic law in this area. The study includes general scientific and special research methods: analysis, synthesis, abstraction, induction, deduction, logical and comparative legal method. The author has analyzed practical activity of the Karaganda regional court on «The pre-action dispute (conflict) resolution for certain categories of cases by way of mediation» and «The conciliation procedures in court» pilot projects implementation in the court № 3 of the Karaganda Oktyabrskiy Court. These pilot projects were developed taking into account the Singapore’s experience, where there is a special category of judges whose task is to reconcile the parties directly when a case goes to court, both before its initiation and at all stages of legal proceedings. Conclusions, aimed at improving the institution of alternative dispute resolution with a view to its further expansion and popularization in the Republic of Kazakhstan were made, based on the study.