NEKI ASPEKTI SPORAZUMA POSTIGNUTOG U POSTUPKU MEDIJACIJE

Abstract

Mediation is a voluntary, confidential, flexible proceeding, in which the parties in dispute try to, with the help of the mediator (independent and neutral person) find mutually acceptable solution. The parties will transfer that solution in the settlement agreement, which represents the successful termination of this proceeding. In this paper the analyze is dedicated to the selected aspects of mentioned agreement, which peculiarities are in accordance with specificities of mediation as alternative dispute resolution process. The emphasis is on formal and substantive aspects of the that agreement and it’s legal nature. The author emphasizes some advantages, as well as disadvantages of the Serbian Act of mediation in resolving disputes regarding mentioned questions and points out the suggestions for it’s possible amendments.