A közvetítés és az egyezségkötés az Alaptörvény és a polgári perrendtartás tükrében - a bíróság és a bíró szerepének, feladatának változása

In order to promote ’access to justice’ the European Community would like to make judicial as well as extrajudicial dispute resolution more accepted in the court-centered judicial system by Directive 2008/52/EC of the European Parliament and of the Council. It is important to emphasize that the procedural forms and rules regarding making settlements change the court’s duty in the judicial system: while the court decides a case on the facts and evidences provided by the parties, the rules of approving a settlement changes the role of the judge by putting him into a position, where he does not make a decision – on the contrary, he acts as a notary public. There is more than one way to make a settlement in the civil procedure in Hungary. The above mentioned directive opened the courts for those who are willing to settle their dispute with the court’s help by accepting and promoting court mediation. With this new regulation the legislation changed the role of the court and by ordering the parties to mandatory mediation in some cases, it created a special situation – the parties, who from the beginning wanted to have a court decision without mediating the case, are coerced to go to mediation before a judge can take their case to decide it. In this research I would like to provide a short summary of the connecting points of the mediation and the settlement with the fundamental rights stated in the Fundamental Law of Hungary and with the principles in the civil procedure, in particular what kind of impact mediation and settlement have on the judicial system