POSITION AND ROLE OF MEDIATOR IN THE MEDIATION PROCEDURE – AN COMPARATIVE OVERVIEW BETWEEN KOSOVO, ALBANIA, AND MONTENEGRO

Abstract

The role of the mediator is essential in the implementation of the mediation procedure. Taking this fact into consideration, the laws of contemporary countries have paid special attention to specifying its position within this alternative dispute resolution procedure between the parties. The purpose of this study is to reflect the role of the mediator in the mediation procedure in Kosovo and ascertain the adaptability of Kosovo's legal solutions that address the mediator's position with the solutions of other Western Balkan countries, especially the relevant laws of Albania and Montenegro, countries with which Kosovo has multidimensional ties, but which, compared to Kosovo, are some steps ahead in the Euro-Atlantic integration processes. Furthermore, the results of this study suggest that the Law on Mediation of Kosovo should be amended concerning the role and conditions required for licensing mediators.