РУАЭСТ (RUAEST)
THE CONCEPT OF A COMPREHENSIVE COMPARISON — FROM LEGAL THEORY TO PRACTICE
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 difefrent 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. Methods. The main subject of research are the criteria of comparison concerning the main forms of dispute resolution (adjudication, arbitration, mediation). The main methods are: logical-linguistic method, comparative method, analysis and argumentation. The article concerns current issues and includes innovative thesis. The article presents the author’s own concept of a comprehensive catalogue of criteria of comparison concerning the main forms of dispute resolution (adjudication, arbitration, mediation). The author postulates the use of the concept of a comprehensive comparison in order to comprehensively characterize these forms. The presented model should also significantly contribute in the process of identifying the areas of their preferable (appropriate/correct) use.