Review article

Present trends in mediation for dispute settlement in Croatia : Achievements and limitations

Alan Uzelac ; Faculty of law, University of Zagreb, Zagreb, Croatia
Slađana Aras ; Faculty of law, University of Zagreb, Zagreb, Croatia
Martina Maršić ; County court in Rijeka, Rijeka, Croatia
Maja Mitrović ; County court in Zagreb, Zagreb, Croatia
Željana Kauzlarić ; Municipal court in Ivanić Grad, Ivanić Grad, Croatia
Paula Stojčević ; Faculty of law, University of Osijek, Osijek, Croatia

Abstract

The paper gives an outline of the present situation in mediation for dispute settlement in Croatia. It starts by questioning the purposefulness of certain issues relating to dispute mediation in the Croatian context and considers whether such mediation is opportune. Examples are given of different types of disputes that have a normative base and can be settled through mediation (commercial disputes, civil suits, labour suits, disputes to which the Republic of Croatia is a party, family disputes, under certain circumstances, and consumer disputes; furthermore, the authors question how justifiable these mediations have been so far, estimating the benefits and existing limitations. The paper analyzes court-based and out-of-court mediation, starting from the beginnings of mediation to the present-day situation in mediation services, as well as the institutional framework in which such services were first applied and where mediation services are now provided. The authors present the background of the Croatian model of mediation and the possible and predictable future development of the existing institutional framework of peaceful settlement of disputes. The inevitable conclusion that can be drawn from the research is that the mediation potential in Croatia has not been adequately used. The paper questions why this is so and whether the situation could improve with time under the influence of mediation development and application in the European Union, considering that Croatia strives to become aligned with the EU's cultural and legal environment. In conclusion, the authors propose ways in which the situation could be improved so that the advantages of peaceful resolution of disputes could be fully appreciated.

Keywords

peaceful dispute resolution; court based mediation; out-of–court mediation; contentious procedure

Hrčak ID:

62992

URI

https://hrcak.srce.hr/62992

Publication date:

21.12.2010.

Article data in other languages: croatian german

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