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Legal Foundations for Resolving Land Disputes Through Mediation as An Alternative Dispute Resolution Method

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Legal Foundations for Resolving Land Disputes Through Mediation as An Alternative Dispute Resolution Method


European Energy and Environmental Law Review
Volume 32, Issue 5 (2023) pp. 248 – 256

https://doi.org/10.54648/eelr2023014



Abstract

The relevance of this topic lies in the fact that land disputes are a widespread phenomenon that can arise in any country or region. The article examines the legal foundations of resolving land disputes using mediation as a non-judicial mechanism for preventing and resolving conflicts through negotiations. It discusses the essence of mediation and its use in land disputes, particularly as an effective tool for achieving mutually beneficial agreements between parties. 

The article considers the procedure and stages of mediation in land disputes, including preparation for the mediation process, the actual mediation process, and the formation of a mediation agreement. The aim is to investigate the nature of mediation as a conflict resolution mechanism and promote the use of mediation in resolving land disputes while emphasizing the necessity for further development of legal mechanisms that support and popularize mediation as an extrajudicial means of conflict resolution within the realm of land relations. Furthermore, the article explores international experiences of mediation in land disputes, highlighting successful examples from countries like the Netherlands, the United Kingdom, Sweden, and France. Conclusions can contribute to improving international relations and the development of sustainable land management.


Keywords

mediation, alternative dispute resolution, land disputes, directive, international experience of countries and organizations


Extract




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