The Court Settlement – a New Approach to Resolving Disputes

The Court Settlement – a New Approach to Resolving Disputes

Bešić, Asmira

Abstract: The court settlement is one way of resolving civil disputes. Regulated by the provisions of the applicable Code of Civil Procedure Federation of Bosnia and Herzegovina, but is not sufficiently applicable . The court settlement is dispositive procedural action by which parties regulate their relations to be dispositive, immediately before the court. The aim is to reduce the number of cases, preservation or improvement of business relations, the mutual satisfaction of the parties without the expectation of judicial decisions. The disadvantages are reflected in the impartiality of judges objections, the parties can not freely express their thoughts, because they run a risk of attachments that his statements and proposals in case the negotiations fail. However, the judge as a professional person can clearly and legally parties to explain and explain the legal nature of their dispute, their position in the dispute, and to set out the facts and evidence, in some cases, directly in front of customers to read and learn about the party with the applicable provisions of relevant laws. Mediation as an alternative method of dispute resolution found is very broad and successful application in practice of resolving disputes in modern western societies. The paper discusses a court settlement and mediation, as required in the practice of dispute resolution in BiH. The aim is to point out the necessity of accepting and regulating institution of conciliation with the existing regulation of court settlement should represent a new approach to judges in resolving disputes.

Article
PeerReviewed

ISSN 2303-5706

International Burch University

2015

2857