Public Administration and Mediation. Conflict Management of Public Legal Relationships

Abstract

The difference between mediation and court proceedings is mostly reflected in the difference between the procedural rules, goals and consequences. In Hungary, it has been possible to switch between civil litigation and mediation proceedings since 2008. The court may, at any stage of the proceedings, attempt the parties to settle all or part of the dispute amicably. A major breakthrough, especially in the development, transparency and efficiency of public administration in Hungary in terms of administrative practice and regulation of administrative activities, is that in the case of administrative litigation from 1 January 2018 it is also possible to use the mediation procedure. The significance of this is, among other things, that the official decision and the procedure aimed at making it can take into account the views of the client or other interested parties in a more emphatic and direct way, so it can have a significant impact on the client's acceptance and voluntary implementation. The aim of the present study is to examine how the possibilities of mediation in a functioning organizational system have prevailed in the recent period. The examined area shows an answer to the question whether the aim of the legislator is achieved by providing the possibility of mediation in everyday administrative practice.