The Function of the Judge in Concluding of Civil Case with Settlement and the Results Achieved by Settlement
Keywords:
Settlement, proceedings, judge, judge-arbitrator, mediator, qualification of the judge, competence of the judge, functions of the judge, settlement process, settlement result.Abstract
Settlement, as the basis for concluding of the civil case, is carried out within the court and, consequently, represents the judicial settlement. The initiator of successful settlement is a judge, who shall be involved in the process with the status of “the third passive party” and undertake important function like settlement of disputing parties. The term “judge” is a universal notion, however, following from the obligations, imposed on the judge in the process of settlement, it is appropriate to introduce the term “judge-arbitrator”, which exactly expresses the status of the judge in the process of settlement. Judges- arbitrators must be interested in creating the relevant environment and conditions for settlement in the court room, manage to focus the parties on common objective of settlement, obtain comprehensive understanding of the subject of dispute and interests of the disputing parties, which shall become the pre-condition for successful settlement.
Conclude of the dispute by settlement actually means its resolution, ensures conflict regulation, which is productive resolution of a dispute for the disputing parties as well as for the judicial system. The main basis of conclude of the dispute by settlement is a free will of the parties and the goal of obtaining of the desired result, where conflict regulation, restoration of justice occurs, long disputes are avoided, trust towards the court increases and, besides, the attitude of judges towards settlement changes. Conclude of civil proceedings by settlement brings real result for the disputing parties, which is expressed in mutual satisfaction of the rights and requirements, envisaged by the subject of dispute.
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