Mediation as a Way of Achieving a More Efficient Judiciary
Mediation as a Way of Achieving a More Efficient Judiciary
Mediation is an alternative dispute resolution method offering benefits such as reduced costs, faster resolution, confidentiality, and preservation of business relationships.
Although Croatia has a legal framework aligned with EU legislation, the development of mediation remains stagnant due to low public awareness and insufficient judicial support.
AmCham emphasizes the role of the judiciary and proposes amendments to the Civil Procedure Act: introducing a mandatory informative mediation session (but not mandatory mediation), allowing courts to refer parties to mediation both within and outside the judiciary, and sanctioning parties who refuse to attend the informative session. It also suggests making mediation mandatory in specific cases (e.g., family and labor disputes).
Further development requires active involvement of the Ministry of Justice, the Supreme Court, lower courts, the Judicial Academy, and the Bar Association, along with systematic training and public awareness campaigns. The ultimate goal is to reduce court backlog, strengthen legal certainty and competitiveness of the economy, and encourage broader use of mediation.