Alternative Resolution of Administrative Disputes: Comparative Experiences and Implementation Possibilities in Bosnia and Herzegovina

Abstract

Court mediation and settlement as specific institutes of procedural law are nowadays,
without a doubt, faster and more affordable ways of resolving disputes.
By mutual settlement of the parties in the dispute, with the participation of the
judge as a mediator, mediation and settlement gain importance, producing positive
effects in relieving the work of the courts and making it easier for citizens to
access justice. An administrative dispute in every country is an important court
procedure that seeks to understand the principles of legality in the work of public
administration and the rule of law. The achievement of justice in administrative
disputes is still a challenge in many legal systems, and some administrative
institutes are only at the beginning of their development. In this context, the
institutes of judicial mediation and settlement are an excellent example. The
research conducted in this paper showed that in the analysed legal systems, court
mediation and settlement have different degrees of popularity and effectiveness.
However, there is little empirical evidence on how to apply them adequately in
an administrative dispute. In Bosnian-Herzegovinian legal theory, alternative
resolution of administrative disputes was not the subject of research. The results,
through the synthesis of comparative legal solutions, will try to answer the question
of their implementation in Bosnia and Herzegovina, all in order to establish
mechanisms that could reconcile the private interests of individuals and the public
interests of state power entities. Considering their unique legal significance,
affirming them in an administrative dispute in Bosnia and Herzegovina should,
at least theoretically, lay the foundations for a more efficient and functional
system of administrative adjudication and the judicial system in general, and the
principle of the rule of law would be further strengthened.