Mediation as an alternative form of protection of shareholders' rights in property relations Online publication date: Tue, 26-Jul-2022
by Bogdan Derevyanko; Liudmyla Nikolenko; Olha Turkot; Natalya Ivanyuta; Iryna Butyrska
International Journal of Public Law and Policy (IJPLAP), Vol. 8, No. 3/4, 2022
Abstract: Violations of shareholders' rights occur in almost every joint-stock company. The mediation helps resolve corporate disputes with the help of neutral persons. The parties, through a mediation procedure, make decisions to protect the legal rights and interests of all parties to the dispute, taking into account the mutual and voluntary consent of each and in such a way that the decision does not violate the interests of any of them. Using this method of dispute resolution, it is possible to protect the legal rights of shareholders without going to court, without spending money on lawyers' services and court fees, as well as saving valuable time. In the world, the main provisions and procedures for mediation are consolidated at the legislative level, but Ukraine has not adopted a law for the implementation of legal regulation of this method of dispute resolution.
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