Mediation Options in Certain Non-litigious Court Proceedings - Acta Universitatis Sapientiae

Acta Univ. Sapientiae, Legal Studies, 14, 1 (2025) 123–144

DOI: 10.47745/AUSLEG.2025.14.1.07

Abstract. In my study, I seek to answer the question of whether the existence, non-existence, or incompleteness of communication in the system of relationships contributes to the emergence, escalation, and quality of conflicts. It is well known that some relationships can end in disagreement, dispute, or conflict. Our conflicts can either be resolved, or they can go to a deeper, more serious level and even result in violence. I present my conclusions from the statistics of two typical types of court cases, the initiation of which was certainly triggered by a serious relationship conflict or violent episode. During my research, I also conducted a case file analysis of non-litigious proceedings regarding the implementation of visitation rights filed with the Székesfehérvár District Court from 1 March 2020 to 31 December 2024.Furthermore, I examined the cases related to preventive restraint applications in the period from 1 January 2020 to 31 December 2024. Specific cases will also be presented in this context. I will examine the impact of conflict on relationships through the two types of court case mentioned above. I look for the links between the proceedings and mediation as an alternative option for conflict resolution. I start from the hypothesis that some of the relationship problems and conflicts can be resolved even in the judicial phase, depending on their depth and escalation. In more serious cases, mediation may not always be an alternative due to the emergence of more serious conflicts and violence and/or the lack of a legal framework. My hypothesis is that mediation can be used effectively in contact enforcement cases, given that this is also a family law case where mediation is an effective solution in the best interests of the child.

Keywords: court-connected mediation, civil non-litigious proceedings, contact enforcement and visitation rights, preventive restraining orders, family conflict and domestic violence