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Журнал LEX RUSSICA (РУССКИЙ ЗАКОН)

ISSN: 1729-5920

The concept of a comprehensive comparison - from legal theory to practice
The concept of a comprehensive comparison - from legal theory to practice

Опубликовано в номере 10 за 2014 год

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Автор: Adam Zienkiewicz, PhD in Law, mediator, legal counsel, politologist, Head of Postgraduate Studies „Mediation and other Alternative Forms of Dispute Resolution”, Department of Theory and Philosophy of Law and the State, Faculty of Law and Administration, / Author: Adam Zienkiewicz, PhD in Law, mediator, legal counsel, politologist, Head of Postgraduate Studies „Mediation and other Alternative Forms of Dispute Resolution”, Department of Theory and Philosophy of Law and the State, Faculty of Law and Administration,

Рубрика: Зарубежное право

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  2. The article is aimed at presenting the concept of a comprehensive comparison of the various forms of legal dispute resolution. The results of comparative studies may help a comprehensive characterization of these forms. They should also significantly contribute in the process of identifying the areas of their preferable (appropriate/correct) use. The presented theoretical legal model is based on a wide variety of analysis criteria and the comparison of the three basic forms: mediation, arbitration and adjudication. The necessity to undertake a comprehensive study and a discussion on the subject of understanding, optimal organization and the utilization of the different forms of dispute resolution determines the need to use an extensive catalogue of criteria, transcending legal issues per se. The author provides an overview of the selected concepts for criteria catalogues present in the literature. Furthermore, he presents his own broad collection of criteria, on which his concept of a comprehensive comparison is based. The presented theoretical legal model of a comprehensive comparison may be used in the proposed holistic approach to legal practice. The summary includes the nature and the basic kinds of the holistic law practice (elementary, broad, transformative). It also examines the main roles of a lawyer working in accordance with the holistic law practice.






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