The methodology of a civil judge’s work using alternative dispute resolution methods and the right to a timely trial. A contribution to the discussion

This study serves as a contribution to the discussion on the possibility of effectively realizing the citizen’s right to a timely trial. The author (a practicing civil judge) has examined, from her professional perspective, the advisability of using alternative dispute resolution methods in a judge’s work. Additionally, she has presented the methodology of a judge’s work, considering the use of these methods in everyday judicial practice. The study introduces tools that suport the implementation of alternative dispute resolution methods, such as informational meetings, preparatory sessions, and referring cases to mediation. Furthermore, it explores the potential for judges to use negotiation and mediation techniques to fulfill their statutory duty to encourage amicable settlements at every stage of the judicial process. The goal of this work is to demonstrate the possibility of effectively and promptly resolving court disputes in a manner satisfactory to the parties or participants in the proceedings, while also being convenient from the perspective of judicial work organization. The reasons for the low utilization rate of tools supporting alternative dispute resolution methods in civil proceedings and the impact of this phenomenon on the ability to exercise the constitutional right to a court have been examined. The issues discussed are particularly important due to the lack of detailed research on this topic and the scant literature available. The study presents conclusions on whether it is worthwhile to schedule informational meetings or preparatory sessions and refer cases to mediation, as well as the impact of the adopted methodology on the further course of judicial proceedings and the number of cases on a judge’s docket. Effective negotiation and mediation techniques that can be used in the courtroom are also discussed. Of course, this study, given its modest scope, does not claim to be exhaustive. Its aim is merely to outline the subject and the related issues.