The role of judges at the pre-mediation stage of court-annexed mediation: A case study of the situation in the Czech Republic

Abstract

Mediation as an alternative dispute resolution mechanism has a very long history, especially outside of the adjudicative space. It has gradually also found its way as an adjunct to the court system in the form of court-annexed mediation. As proven by quantitative studies, mediation in the region of Central and Eastern Europe is still, however, a relatively novel and underutilized instrument. Thus, this study explores the role of judges in court-annexed mediation using the case of the Czech Republic. It presents a piece of empirical research built on a single qualitative case study of mediation practice as seen and understood through the experience of district court judges. The latter represent the core actors that contribute to shaping mediation practice through their attitudes and activities, influenced by their own interpretation of phenomena, when entering into the process at the pre-mediation phase – when the activity of the judge is foreseen by the legislative framework to be the most significant. Offering a comprehensive description of the research methodology, the study also aims to contribute to academic debate that calls for more case/comparative studies of relatively unexplored phenomena in the wider region of Central and Eastern Europe.