Alternativni načini rješavanja porodičnih sporova: Smanjenje troškova i očuvanje najboljeg interesa djeteta / Alternative Dispute Resolution in Family Disputes: Reducing Costs and Preserving the Best Interests of the Child

Abstract

How can economic approaches contribute to maximizing family welfare, while highlighting the ethical limitations of economic analysis when it comes to the best interests of the child and the family’s wellbeing? This question lies at the heart of discussions within the economic analysis of law, particularly regarding the role and effectiveness of mediation/family mediation as an alternative method for resolving family disputes in Bosnia and Herzegovina. The authors of this paper examine the application of alternative dispute resolution methods, with a specific focus on mediation, within the context of family law. Mediation is analyzed as an effective tool that reduces financial and emotional costs, accelerates legal processes, and facilitates a more private and less adversarial way of resolving conflicts among family members. While the economic approach to dispute resolution emphasizes cost reduction and efficiency, the paper underscores the necessity of aligning these principles with fundamental legal norms, particularly the principle of the best interests of the child, which must remain a priority. Through a comparative analysis, including the Bosnian-Herzegovinian experience, the paper discusses the usefulness of mandatory mediation in reducing the burden on the judicial system, while also questioning the preservation of voluntariness as a foundational principle of mediation. Based on these insights, the paper suggests a combination of flexibility and mandatory elements, depending on the type of dispute and the parties involved, as the optimal approach. Furthermore, it highlights the need to adjust the legal framework to allow for broader application of mediation, while ensuring compliance with ethical standards and safeguarding the rights of all participants in the mediation process. In conclusion, the paper emphasizes how alternative dispute resolution methods, considering economic cost parameters and the protection of the best interests of the child, represent a key opportunity for enhancing the family law system, reducing the burden on judicial institutions, and safeguarding the long-term interests of children in family disputes. In the absence of accurate indicators of the success of mediation/conciliation in family law disputes, in Bosnia and Herzegovina, future research would offer clearer guidelines for the improvement of this institute and thus give a picture of its economic efficiency/inefficiency.