Article 75 of the new Code of Civil Procedure provides:
75. The State and state bodies, in seeking to resolve a dispute with natural or legal persons, may, if they consider it advisable, resort to a private dispute prevention and resolution process before taking the matter before the courts.
They are, however, required to comply with government regulations on the subject and to resort to such a process only to the extent permitted by the public interest or the applicable legal standards.
On the theoretical level, the project involves surveying the legal literature on the conditions under which the state can have recourse to private dispute prevention and resolution (PDPR) and situating Article 75 in relation to the literature. On the practical level, it may be possible to formulate one or two hypotheses based on the literature and then test them using an empirical study conducted with respect to state legal practitioners and the conditions under which the state employs PDPR.
