Abstract
This work tackles mediation in Kosovo grounded on the special Law for Mediation, which entered into force in 2008. The paper is going to discuss other provisions in other legal codes and provisions which foresee mediation as a mechanism for resolution of conflicts and disagreements in extrajudicial form in the civil and criminal field etc. As for the level in which implementation of mediation has arrived in Kosovo, will be a subject of review. Therefore, firstly it discusses the notion of mediation, followed by definition, history, legal regulatory, types, statistics of application, advantages, weaknesses, difficulties, subjective impressions of responsible people of this extrajudicial instrument as well as of mediators’ practical experience, their recommendations for changes followed by its place and importance in the future.
Highlights
Experience has shown that conflicts, respectively disagreements are natural and unavoidable in social life
The key importance of this work is to argument the fact that giving opportunity to partiesto resolve disputes through mediation based on their will is a new useful alternative, which is not grounded in Canon, but it is based on the Law on Mediation
In Latin language there is a range of terms related to mediation, such as: “mediare“, “medius“, meaning of which is „standing in between“5.It is important to stress that the term of mediation, in Albanian language has the synonym of the „middle“, which referred to people entering in between a conflict for separation of parties from direct fight, be it the armed conflict, and the person who carried out mediation of woman and man for entering into marriage relationship “msiti”[6]
Summary
Experience has shown that conflicts, respectively disagreements are natural and unavoidable in social life. The key importance of this work is to argument the fact that giving opportunity to partiesto resolve disputes through mediation based on their will is a new useful alternative, which is not grounded in Canon, but it is based on the Law on Mediation. This new institute is different from canon mediation especially from the point of view of decision making exclusiveness by the parties, as based on the Canon; this right was an exclusive competence of the so called “council of the elders”. Hypotheses Considering the argument discussed above, the main research questions raised here are as follows: a) Has mediation been foreseen in each field of law? b) Is mediation of the current system of legal infrastructure implementable in practice, and what advantages does it bring to justice system in Kosovo?
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