Tuomioistuinsovittelun yleistyminen ja tuomioistuimen tehtävät
Avainsanat:
prosessioikeus, oikeussosiologia, vaihtoehtoinen konfliktinratkaisu, tuomioistuinsovittelu, tuomioistuinlaitos, oikeusturvaAbstrakti
Increase of court-annexed mediation and function of courts
The article is about court-annexed mediation in Finland. The first topic of discussion is how widely mediation is used in the courts today, ten years after the introduction of the possibility to mediate in court, but separately from a trial. The second topic is what mediation means to the role of the courts. By mediation, the authors mean an alternative dispute resolution mechanism that is based on mediation theories and the self-determination of the parties to the dispute. The article also explains the history and basic theoretical grounds of court-annexed mediation. The main conclusion is that mediation today is both in theory and in practice a possibility to manage conflicts in court and hence the role of the courts is extending and changing. This also requires that the boundaries between the procedures are kept clear, which also ensures quality in the different services provided by courts.
