ИЗБОР НАЧИНА РЕШАВАЊА ГРАЂАНСКОПРАВНОГ СПОРА И ФАКТОРИ КОЈИ ГА ДЕТЕРМИНИШУ
THE CHOICE OF METHOD IN CIVIL DISPUTE RESOLUTION AND DECISION-MAKING FACTORS

Summary/Abstract: The disputes arising as a consequence of the violation of subjective civil rights can be resolved through litigation, settlement, alternative dispute resolution, or some other method (compromise, force, etc.). By choosing the method in which they wish to resolve their dispute, the disputing parties also choose the rules that must be followed in the dispute resolution proceedings. If the disputing parties choose to protect their violated or threatened rights in litigation proceedings, they are obliged to comply with the established rules regulating civil procedure. If the decision on dispute resolution proceedings involves impartial third parties (a mediator, an arbitrator, etc.), the disputing parties’ relations will be regulated by the rules of particular proceedings. Acting as rational individuals, the disputing parties choose the dispute resolution method that enables them to obtain the highest benefit. The parties’ decision on the choice of the dispute resolution method is influenced by a number of factors. Economic analysis has developed models and offered answers for determining the reasons why disputing parties decide to choose a specific dispute resolution option. This paper presents the decision-making factors which influence the parties’ choice to resolve their dispute through litigation, settlement, or particular alternative dispute resolution proceedings.

• Details
• Contents