მოსამართლის უფლებამოსილების ფარგლები სასამართლო მედიაციის პროცესის წარმოებასთან მიმართებაში

The role of the judge and his/her scope of authority in the mediation process and its proper, harmonized regulation to the international development trends, may determine the solution of the challenges faced in the process of the institutionalization of mediation. It may establish the functioning of effective and flexible system of dispute resolution forms. In addition, the legislational regulation of the subject can be assessed as a prerequisite for realizing the interests of the persons and the establishment of legal conscience.
Considering this fact, the argumentation undertaken within the study, which is based on the principle of activating the role of judges and increasing their powers in the court mediation process, should be assessed as an opportunity to influence the public relations, with adequate legal instruments. This will substantially encourage the use of peaceful resolution of disputes and the balance between the use of dispute resolution means.