THE ADEQUACY OF MEDIATION IN RESOLVING CIVIL DISPUTES
Research Article
THE ADEQUACY OF MEDIATION IN RESOLVING CIVIL DISPUTES
ABSTRACT
Mediation in the legal system of Republic of North Macedonia has been officially recognized in 2006, which was the year of reform for the judiciary of our country when the first law on mediation was issued as an alternative of the court procedure, while amendments and additions of the law and finally the issuance of a new law in 2013 paved the way for the further development of the mediation procedure. Because mediation presents a new concept, in theory and in practice the purpose, its elements and expectations are not very much analyzed and elaborated. But if we analyze this concept we will see that the idea of resolving disputes through mediation as an alternative dispute resolution method without the participation of the element of justice, in fact does not present a bad idea. Although it is thought that this way will greatly affect the solution of the problem with the overload of the judiciary in our country, mediation is considered of good potential to start in this direction, but still, most of the work remains with the judiciary itself, who should pursue mediation in terms of the effectiveness of dispute resolution, and why not in terms of its economy. In a relatively large number of cases, alternative dispute resolution methods, including mediation as such, can lead to a more creative, faster and cheaper dispute resolution as well, compared to resolution which can be reached in court. This paper will focus on the facts that support the success of mediation in resolving civil disputes and also will include recommendations for eventual changes to the Law on mediation and the Law on contentious procedures also to ensure easier and greater access of citizens for taking the necessary legal protection for their for their injured or threatened civil rights.
KAPROLLI 1, F.,
(2021). THE ADEQUACY OF MEDIATION IN RESOLVING CIVIL DISPUTES. Journal of Law And Politics, 2(2), 35-42. Arrival Date Posted By:https://jlp.ibupress.com/articles/the-adequacy-of-mediation-in-resolving-civil-disputes
