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Alternative Methods To Resolve Civil And Commercial Disputes

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  • ROXANA ELENA TOPOR
  • ANA-MARIA BEJAN

Abstract

Alternative systems resolving civil and commercial disputes are also known as “Alternative Dispute Resolution” (ADR). This is a term mainly used when there is talk about alternative methods to resolve disputes. ADR designates several non-litigious procedures of resolving civil and commercial disputes, without a court of justice. European Union member states’ experience proves that following the base rules of the ADR may result in multiple advantages for the parties, either natural or legal person. Within these systems, the procedure involves the intervention of a third party, which must be neutral, such as the arbiter, the mediator, the Ombudsman. The procedure to resolve the disputes outside the courts represents an alternative in many European countries. They may represent an additional procedure, developed before or in the same time with the legal ones. This paper aims at presenting these procedures, referring to the implications that these ADR have on resolving the civil or commercial disputes.

Suggested Citation

  • Roxana Elena Topor & Ana-Maria Bejan, 2017. "Alternative Methods To Resolve Civil And Commercial Disputes," Journal of Academic Research in Economics, Spiru Haret University, Faculty of Accounting and Financial Management Constanta, vol. 9(1 (March)), pages 107-121.
  • Handle: RePEc:shc:jaresh:v:9:y:2017:i:1:p:107-121
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    More about this item

    Keywords

    mediation; arbitration; conflict; negotiation; conciliation.;
    All these keywords.

    JEL classification:

    • K00 - Law and Economics - - General - - - General (including Data Sources and Description)
    • K15 - Law and Economics - - Basic Areas of Law - - - Civil Law; Common Law

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