Mediation as a Tool for Alternative Dispute Resolution in the Legal System

Abstract

In today's society, where conflicts are an inseparable part of our lives, there is a growing need for effective methods of dispute resolution. In this context, mediation as a tool for alternative dispute resolution in the legal system is gaining more and more popularity. Mediation is a process in which an independent and neutral person – the mediator – helps the parties to the conflict to find a solution that meets their needs and interests. Unlike traditional court proceedings, mediation focuses on cooperation and dialogue between the parties, rather than on confrontation and resolution of the case by the court. It is a voluntary process that allows parties to independently and actively participate in solving their problems. Mediation is a voluntary, confidential form of conflict resolution in which the parties, with the help of an impartial, neutral third party, called a mediator, reach a compromise on their own. The concept of mediation comes from the Roman law mediare, it was understood as "to be in the middle" or "to mediate" and was closely related to the concept of "conflictus", i.e. events. Roman lawyers rightly noticed that in order to talk about mediation, there must be a conflict that needs to be resolved. Mediation was seen as a process where a neutral person, called a mediator, appeared between the parties to a conflict to help them find a mutual solution. In this article, the author wants to present mediation as an alternative to the court process.