PODUZIMANJE RADNJI OD STRANE SUDA RADI ZAKLJUČENJA SUDSKE NAGODBE U BOSNI I HERCEGOVINI
ACTIONS BY THE COURT TO SUPPORT CONCLUSION OF THE COURT SETTLEMENT

Summary/Abstract: The subject of the paper are the actions taken by the court in order to conclude a court settlement. The powers of the court were differently standardized in earlier laws on litigation. The intention of the legislature to increase the role of the court in concluding the court settlement is noticeable. It is a complex court procedure that is different from that of ordinary litigation. In the settlement, the court has a more active role and it is necessary for the court to change the usual course of action in the case, but it must not question its impartiality. It is just the impartiality of the boundaries that the court must not cross, which points to the great power of the court to settle the parties. The court may make a motion for a settlement of the parties, and throughout the proceedings it seeks to have the parties conclude a court settlement. The endeavor does not imply the insistence of the court that the parties conclude the settlement, but only an active role towards achieving the parties’ settlement. During the proceedings, the court may repeatedly offer the parties to conclude the settlement, provided by the explanation to the parties why it again proposes the conclusion of the court settlement. It is important for the court to advice the parties that it is its legal duty to suggest the parties to conclude the court settlement.

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