Kohtualgatust

Kohtualgatust is a hypothetical term used in Estonian legal discourse to describe a court-initiated pre-trial mechanism designed to encourage settlement and streamline proceedings. The term combines koht (court) and algatus (initiative) with the nominal suffix -ust, suggesting an action initiated by the judiciary rather than by the parties.

In its proposed or theoretical usage, kohtualgatust would be triggered when a party files a petition or when the court identifies issues suitable for early resolution. The court would conduct a preliminary screening to determine whether the dispute is appropriate for mediation, arbitration, or a narrowed focal point, and would then direct the matter to appropriate procedural tracks, setting timeframes and notifying involved parties.

The envisaged impact includes potential reductions in court backlog, faster access to dispute resolution, and clearer issue formation before trial. It could also promote restorative or conciliatory outcomes through mandatory pre-trial processes, mediation, or advisory rulings on points of law.

Critics argue that such a mechanism could impinge on party autonomy, risk coerced settlements, or disproportionately burden defendants with court-directed proceedings. Implementation would require clear safeguards for voluntary participation, proportionality, and due process, as well as alignment with existing civil or administrative procedure codes.

Because it is not an established term in current Estonian law, real-world applicability depends on legislative reform and judicial practice. The concept remains primarily of theoretical interest in comparative or reform-oriented discussions of pre-trial procedures. See also mediation, pre-trial proceedings, court-annexed settlement.