History and present

Suit settlement in the ancient world as well as in the Middle Ages was reached by the use of mediation and arbitration, as we have information from some of the philosophical writings.
From the period of early China there are preserved some writings of Konfucius containing instructions for solution of conflict situations, which are from this legacy in almost unchanged form. As the main component those are applied in the Chinese judicial system up to the present.

Even in ancient Greece they preferred the arbitration before the judicial solution, which can be considered for a lowest stage in the development of mediation as a suit resolution method. At the turn of the century, the arbitral court was established as a form, an obligation of the suit parties before the judicial settlement of the suit. The function of an arbiter was appointed of the official authority and it was not possible, only under the loss of honor, to refuse.

The persons carrying out this activity enjoyed the full seriousness, authority, probity, and have had a great life experience. This activity could be carried out only by persons above 60 years of age, as it was required by state legislation.

Except of the arbitral court, the persons involved in suit could apply the activities of private arbiter, and in the instance of the court of appeal the héliaia – folk court.

In the middle ages, the mediation is noticeably more applied in deciding crimes and gradually begins to integrate into criminal proceedings in the context of compensation between the victims and the accused.

In mutual meetings between the accused and the victim's bereaved on the conditions of compensation (the funeral costs, court fees and alimony and upbringing of minor-aged bereaved of the victims), was created the agreement about the way and the extent of compensation.

One of the basic objectives of the agreement was not only in reconciliation of the parties but also a convention on no strives about revenge.

In the US and Canada are currently in mediation resolves 75% of the apparent conflicts, from those according to the statistics is about two-thirds of the cases finished by conclusion of the mediation agreement.

The mediation is in Europe extended especially in France - as the mediation service to the French courts, in Germany and the UK. In most member states regulates the extra-judicial resolution of suits, which the court entrusts to a third party, the general legislation. Support for mediation within the scope of these laws is of various intensity, from the possibility to use mediation as an out-of-court suit resolution (for example in Belgium and in France), through the encouragement of its use (in Spain, Italy, Sweden, England, or Wales) till the obligation set by statute or judge to use mediation as an out-of-court suit resolution first before court proceedings (for example in Germany, Belgium and Greece). In individual countries, which are using the mediation method, is applied mediation not used with the same intensity in each implemented area, but its development is different in relation to the specificity and individual conditions. For example, in Norway it is more than two hundred years old tradition in the mediation aimed at the care of minor-aged. On matters of education, nutrition, contact with children under 16 years of age is the commission of mediators on the bench. Only in Oslo alone there are three urban family consulting offices, in which the key roles, alongside the psychologists and social workers, have the mediators.

The Slovak mediation went through a short period, during which, however, its development was very dynamic. After verification in the legislative conditions and the establishment of a legislative framework in the judicial Act No 420/2004 Coll., begins to operate more perceptibly in the area, which was specified by the law to it and achieves the expected objectives.