The problem of applicability and universality of alternative dispute resolution methods in commercial contracts

The article examines the limitations of alternative dispute resolution (ADR) methods in commercial practice, including mediation, arbitration, negotiations, and expert determination. It analyzes legal, economic, and psychological factors that reduce the effectiveness of ADR, using the Apple vs Samsung case as an example. The study explores the problem of contract incompleteness and proposes solutions: detailed ADR clauses, enforcement mechanisms, adaptive terms, hybrid procedures, digital technologies, and psychological preparation of parties. The conclusion emphasizes the need for a comprehensive approach to ADR implementation to minimize litigation costs and preserve business relationships.