Alternative dispute resolution in public law: definition and features

• Published in: Науковий вісник Ужгородського національного університету. Серія Право Vol. 3; no. 89; pp. 76 - 81
• Main Author: Rosul, O. M.
• Format: Journal Article
• Language: English
• Published: 04.08.2025
• ISSN: 2307-3322; 2664-6153
• DOI: 10.24144/2307-3322.2025.89.3.10

The article provides a theoretical study of the institution of alternative dispute resolution as an important and promising mechanism for protecting the rights and legitimate interests of individuals in their relations with public authorities, and also as a necessary element of reforming the legal system in the context of Ukraine’s European integration course. The author emphasizes the problem of overloading the judicial system, the length of court proceedings and the inability to reach a compromise within the framework of traditional jurisdictional procedures, which stimulates the growing interest in the introduction of effective, accessible and flexible out-of-court mechanisms for resolving conflicts between the State and individuals. The article provides an analysis of various scientific approaches to the definition of the concept of alternative dispute resolution, and reveals its legal nature and features in the context of public law relations. The key features of alternative dispute resolution under public law include its out-of-court nature, voluntary participation of the parties, confidentiality, flexibility and informality of the procedure, focus on reaching a compromise and mutually beneficial solution, and the possibility of involving a neutral third party. The author argues that alternative (out-of-court) settlement of public law disputes is not only an alternative to litigation, but also an independent, effective tool for protecting the rights, freedoms and legitimate interests of participants to public law relations. As a result, based on the research conducted, the author offers comprehensive definition of alternative public law dispute resolution as a voluntary, confidential and flexible method of dispute resolution between public authorities and private individuals, which is carried out in an out-of-court procedure and serves not only as an alternative to litigation, but also as an independent, effective mechanism for protecting the rights, freedoms and legitimate interests of individuals through achieving a mutually acceptable result. The article is a valuable contribution to the development of administrative law science, providing a solid theoretical basis for further implementation and improvement of the mechanisms for out-of-court settlement of public law disputes in Ukraine.