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The Mediator-Judge Interaction: Does the Win-Win Approach Apply? - Czech and Central European Yearbook of Arbitration - Interaction of Arbitration and Courts - 2015

Author(s): 
Martin Svatoš
Page Count: 
20 pages
Media Description: 
1 PDF Download
Published: 
March, 2015

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Originally from Czech and Central European Yearbook of Arbitration - Interaction of Arbitration and Courts - 2015

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Abstract | This article focuses on the interaction
between judges and mediators. It follows the
chronological order of the mediation procedure in order
to show the relevant relations that occur between these
two rather dissimilar systems of dispute resolution.
First, it addresses the pre-mediation phase, where
judges can recruit suitable cases to be resolved in
mediation by judicial referral or by less formal advice
or recommendation to attend ADR. Second, it
describes the relationship between judges and
mediation during the mediation procedure itself.
Finally, it concentrates on the post-mediation phase
where judges can either increase the weight of
mediated agreements by making them enforceable or
reviewable if the mediated agreement was produced by
undue influence, misrepresentation or lack of will.
When studying these positions, this contribution will
focus not only on theoretical knowledge but also on
relevant Czech mediation legislation and experiences.