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Consensual Dispute Resolution as a Method of Legal Disputes Resolution

Student: Ilkevich Alexandra

Supervisor: Dmitry Mikhailovich Maksimov

Faculty: Faculty of Law

Educational Programme: Private International Law (Master)

Year of Graduation: 2020

The author examines Consensual Dispute Resolution techniques as a method to resolve international legal disputes where parties mutually agree upon settlement terms. Consensual nature is thoroughly discussed in the first chapter of the research. The second chapter is devoted to overview certain methods of consensual dispute resolution, namely negotiations as a base of any CDR procedure, mediation and conciliation, as well as dispute boards which are a creature of CDR hybridisation processes. The author also briefly examines different CDR styles and shows that CDR should be understood from a spectrum perspective. The third chapter investigates the legal outcomes of consensual dispute resolution, i.e. consent awards (which are results of hybridisation of mediation and arbitration) and international mediated settlement agreements. The aim of present research is to investigate certain material question concerning the nature of consent, CDR styles and its spectrum of methodologies, processes of dispute resolution hybridisation together with its outcomes and legal implications on problems of cross-border disputes.

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