THE EMERGENCE AND DEVELOPMENT OF ALTERNATIVE WAYS OF DISPUTE RESOLUTION: NATIONAL AND FOREIGN EXPERIENCE

Abstract

The article is determined to Alternative dispute resolution and their features. The system of out-of-court dispute resolution or alternative dispute resolution mechanisms - ADR (Alternative Dispute Resolution) - has existed in many foreign countries for many decades. The concept of ADR implies a wide range of dispute resolution mechanisms that do not duplicate litigation and are their alternative. The institute of alternative dispute resolution originates from ancient times. At certain periods of its historical development, various forms of dispute resolution arose in society, they represented a whole system of methods and procedures capable of resolving a conflict situation. The analysis of the emergence and development of the institute of alternative dispute resolution on the example of foreign countries (USA, Canada, India, Germany, Italy, Spain, Kyrgyzstan, Kazakhstan) and Uzbekistan, as well as its current state, is carried out. The first special laws regulating alternative procedures are given. The United States as the first country to have various programs for the development of alternative dispute resolution procedures. The author has studied the application of alternative dispute resolution in Uzbekistan (mahalla, arbitration courts, mediation). Having analyzed the development of the ADR in Uzbekistan and in foreign countries, the author noted the features of this institute.