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Journal of law and social sciences of the Law Faculty of University J.J. Strossmayer in Osijek = Zeitschrift für Rechts-und Sozialwissenschaften der Fakultät für Rehtswissenschaften der Universität J.J. Strossmayer in Osijek = Journal des sciences juridiq, Vol. 31 No. 2, 2015.

Original scientific paper

MANDATORY MEDIATION – REVIEW OF THE SOLUTIONS OF THE CROATIAN AND COMPARATIVE LAW

Katarina Knol Radoja ; Faculty of Law, University of Josip Juraj Strossmayer in Osijek

Full text: croatian pdf 225 Kb

page 111-130

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Abstract

Alternative dispute resolutions are perceived as a useful means for mitigating inter-party tensions, speeding up the procedures and reducing litigation costs. The European Commission has adopted a series of measures aimed at implementation of a particular form of non-judicial means of dispute resolution.
Comprehensive legal framework for stable functioning of alternative dispute resolution in the Republic of Croatia was created in 2003 when the new Mediation Act was passed. In addition to this law, dispute resolution as a procedure that precedes the trial is regulated by a number of other laws, some of them stipulating its obligatory enforcement.
The rate of the cases solved in voluntary mediation in Croatia is still low. There is no doubt that mandatory mediation may be useful but on the other hand the question arises if rules on mandatory mediation have the capacity to prevent equitable access to justice.
The primary aim of this paper is to examine different legal situations in which mediation is mandatory and ratio which stands behind it. The author will also analyse the extent to which rules on mandatory mediation are in accordance with the right of access to court.

Keywords

alternative dispute resolution; mandatory mediation; voluntary mediation

Hrčak ID:

147831

URI

https://hrcak.srce.hr/147831

Publication date:

30.8.2015.

Article data in other languages: german croatian

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