OUT-OF-COURT DISPUTE RESOLUTION AS AN ELEMENT OF ACCESS TO JUSTICE

Abstract

Background. The current concept of effective access to justice, which has been gradually developing and modifying over the years, requires efficient use of alternative dispute resolution methods alongside court settlement. This article examines the possibility of using out-of-court mechanisms in Ukraine as one of the most important means of overcoming the barrier to effective access to justice, considering international experience. The purpose of the article is to highlight the positive and negative aspects of applying various dispute resolution methods, illustrate distrust in alternative dispute resolution in Ukraine, determine the state of implementation of Ukrainian out-of-court mechanisms and problems, which require improvements, considering ECHR practice and recommendations, as well as to present suggestions on eliminating gaps in the functioning of the pre-trial dispute resolution mechanism.

Methods. General scientific and special methods of scientific research were used in the article to achieve the abovementioned goal, among which method of system analysis, dialectical and systemic-structural methods.

Results. It is emphasized that the level of public trust directly affects the use of alternative dispute resolution methods in the State. The attention is focused on insufficient public awareness of the possibility of applying out-of-court dispute resolution mechanisms during court proceedings. 
Based on the court practice, it is stated that the approach for the duty to use an out-of-court mechanism before going to court depends on the chosen type (method) of alternative dispute resolution, which parties prescribed in the concluded contract. 
It is suggested that the example of Lord Woolf's reform should be taken into account to bring Ukrainian practice in line with international, which consists of increasing the use of alternative dispute resolution methods, facilitating the litigation, speeding it up etc.

Conclusions. The conclusions point out the need to ensure citizens' awareness of the use of out-of-court dispute resolution mechanisms, review the system of voluntary use of such mechanisms, take into account the principle of "freedom of contract", and establish a unified approach to the duty to apply to out-of-court dispute resolution if the parties have outlined the relevant condition in the contract