Abstract
<p>This article consists of two parts. The first part analyzes the causes of an increasing number of disputes at universities, resulting both from external factors related to the crises of the 21<sup>st</sup> century and from internal factors, i.e. the nature of universities, the increasing complexity of problems arising at universities and the changing role of universities in society. One of the reasons for the increased number of conflicts is the treatment of universities as service providers, which is a result of a change in understanding the role of universities. Students understand their role as consumers and this change alone causes an increased number of formal proceedings against universities. In response to this trend, universities in many countries are introducing or considering alternative dispute resolution (ADR) methods, which are less expensive and faster alternatives to litigation or disciplinary proceedings, and include an important element of universities’ mission of educating students in a spirit of respect and tolerance for the other party, and also choose methods in which the parties have the opportunity to influence the resolution of the dispute. The article analyzes mediation which is the most frequently used method of ADR in different countries in academic disputes. Although mediation, according to the analysis carried out in the article, perfectly fits into the idea of an autonomous and independent university, it is thus far widely used only in some countries. The analysis of the application of mediation in certain countries may be an important reflection on the more widespread introduction of this method at universities in other countries partiuculary because mediation is not confined to one legal system. In the second part of the study, the author analyzes the use of court proceedings in resolving academic disputes, the institution of an academic ombudsman, as well as mixed and adjudicatory methods of solving conflicts in higher education.</p>
Highlights
Today, universities are facing many problems and challenges resulting fromS both the change in expectations concerning their traditional role and the necessity to adapt to global, local, social, and political crises that have emerged in the 21st century
In the second part of the study, the author analyzes the use of court proceedings in resolving academic disputes, the institution of an academic ombudsman, as well as mixed and adjudicatory methods of solving conflicts in higher education
Mediation in academic disputes which is both a self-contained mechanism of dispute resolution and an instrument used by an academic ombudsman, was the main part of the analysis in this article
Summary
S both the change in expectations concerning their traditional role and the necessity to adapt to global, local, social, and political crises that have emerged in the 21st century. This article is an attempt to analyze and explain the sources of the increasing number of conflicts at universities around the world, the application of non-traditional mechanisms for resolving the disputes arising therefrom, and evaluation of these. Alternative dispute resolution (ADR) methods such as mediation, arbitration, med-arb or arb-med or ombudsman, regardless of the legal system are nowadays. Due to the wide range of topics, the analysis of alternative dispute resolution methods was divided into two parts. This article is primarily devoted to the analysis of the causes related to the challenges faced by universities in different countries, which cause an increased number of conflicts of a complex nature. Mediation in academic disputes which is both a self-contained mechanism of dispute resolution and an instrument used by an academic ombudsman, was the main part of the analysis in this article. Analysis of the Causes of Conflicts at Universities and Alternative Methods
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