Abstract
Mediation is one of the ADR proceedures, that is, instead of deepening the conflict, based on negotiation and open communication, that is focused first of all on the participants’ needs and whose primary aim of mediation is reaching a solution mutually acceptable for the parties. It is a convenient method for resolution of commercial disputes, especially in commercial disputes with foreign element since the mediation manifests significant advanteges over the procedure before the court. In Serbia, international mediation is regulated by the provisions of Mediation Act. In this paper, we adress some questions regarding the international mediation in resolution of commercial disputes, from the perspective of Serbian law (examining the mediability of a commercial dispute, settlement agreement and its enforcement, the role of the mediator, etc). Special attention is paid to the enforcement of settlement agreement in commercial disputes with foreign element, whereby different legal situations have been considered.
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