Factors of Mediation Success in Court Disputes

Tanja Sekirnik and Roberto Biloslavo
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Tanja Sekirnik: Ljubljana District Court, Slovenia
Roberto Biloslavo: University of Primorska, Slovenia

Management, 2009, vol. 4, issue 3, 225-242

Abstract: A massive decrease in successful mediation procedures at the Alternative Dispute Resolution Department at the District Court in Ljubljana raises the question of what its causes are. To recognize factors that contribute to a successful mediation we did qualitative research on a sample of nine mediators. It was determined in the research that the mediators believe that the factors which greatly influence the decrease in successfulness in mediation procedures are: the manner of realization of mediation procedure, phase in which the dispute should be solved with mediations, role of the judge in the phase of starting mediation, suitability of dispute for mediation, possibility to choose a mediator, mediator himself, use of method for dispute resolution, separate and joint sessions and payability of mediation procedure. In conclusion, we present guidelines and proposals according to research findings.

Keywords: alternative dispute resolution; mediation; negotiations; settlement; conciliation (search for similar items in EconPapers)
Date: 2009
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http://www.fm-kp.si/zalozba/ISSN/1854-4231/4_302-304.pdf abstract in English (application/pdf)

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