VANSUDSKO REŠAVANjE SPOROVA-ARBITRAŽA I MEDIJACIJA

Abstract

In every democratic state, governed by the rule of law, the judicial system is a mirror of democracy, human rights and freedom. Strict legal and social standards related to the judiciary become narrow or somewhat ineffective over time, and the need for justice is ultimate. Courts are under the constant scrutiny of the professional, scientific, domestic and international public, and the public is often dissatisfied with the efficiency of the judicial system, considering that it does not provide effective and cheap protection of rights within a reasonable time and does not exclude secondary, political and similar influences on court proceedings. This imposes the need to find a solution to increase the efficiency of the judicial system, without abandoning the basic principles and postulates on which it is based. New, more rational trends and means to achieve such goals cause judicial reforms in the direction of dejudicialization, using alternative methods for resolving disputes. The scope of judicial reforms at the global level includes the following basic goals: 1) acceleration of access to justice by speeding up and simplifying court procedures; 2) relieving the courts of accumulated cases, which could be resolved in another, out-of-court procedure. Alternative dispute resolution (ADR) is the general name for a method of out-of-court agreement and settlement that includes, first of all, arbitration and mediation, as the two main procedures of informal mediation and decision-making. The term ADR refers to any procedure that means an alternative, i.e. a substitute for a court procedure, an out-of- court way of resolving disputes. The possibility of alternative procedures is not limited in advance, so the emergence of new ADR methods cannot be limited or excluded. The main difference between the alternative procedure and the classic court procedure is that the dispute for which the court is competent is resolved without the formality of the court procedure, that is, it is not resolved by the court. Compared to court procedures, alternative procedures are much more flexible and adaptable to the nature of the dispute. Also, the alternative means relieving the court and saving time and money for the parties, as well as faster access to justice, i.e. dispute resolution.