Based on European standards and best practices, the German Organization CSSP Berlin Center for Integrative Mediation and Mediation Center Mitrovica, with the financial support from the Royal Norwegian Embassy and the Embassy of Switzerland in Kosovo, in close cooperation with Advocacy Center for Democratic Culture (ACDC) and Community Building Mitrovica (CBM), publishes the following: CALL… Read More »
It is our pleasure to invite you to the conference Mediation in Kosovo: Maximising Potential II, hosted by the Ministry of Justice, CSSP Berlin Center for Integrative Mediation and MCM Mediation Center Mitrovica. The conference will be held on May 28 – 29, 2015, between 10 a.m. and 4 p.m. at Hotel Palace and Hotel… Read More »
What is mediation?
“Mediation is a process whereby a third party assists two or more parties, with their consent, to prevent, manage or resolve a conflict by helping them to develop mutually acceptable agreements. The premise of mediation is that in the right environment, conflict parties can improve their relationships and move towards cooperation (…) Mediation is a voluntary endeavor in which the consent of the parties is critical for a viable process and a durable outcome” (UN Guidance for Effective Mediation, 2012). , Mediation is known as a conflict solving instrument that supports sustainable and long-lasting solutions, because it improves relations between conflicting parties.
How does mediation begin?
There are two ways in which one can start mediation.
Court referral – if a case is in court, a judge can suggest that parties try mediation, or these parties could come to the conclusion themselves. This would be done during the court process or before the resolution of the court case. If parties agree, the court would refer the case to the Mediation Center, which would return the case to the court at the conclusion of the mediation process. This mediation is called “court-annex-mediation”.
Initiation from the parties – In unresolved contests, the Mediation Center advises whether the case is appropriate for Mediation. The Center would contact all parties to clarify details of the mediation process and invite them to meet in the Center. This mediation is called “out-of-court-mediation”.
Where is mediation obtained?
Mediation Center Mitrovicë/Mitrovica North at Ulica Čika Jovina bb, North Office, North City and/or Mediation Center South at St. Mbreteresha Teuta Mitrovica Kosovo 40000.
What are the benefits of mediation?
Benefits of mediation include: efficiency (most cases are resolved within several sessions), sustainability (mediation leads to sustainable solutions), confidentiality (Parties and mediators maintain confidentiality of the process), success (the percentage of successful cases is very high).
Who are mediators?
According to European mediation standards, mediators have completed several training programs required by the Mediation Commission and are obliged to respect the mediator’s code of conduct. As mediation functions on a volunteer basis, mediators come from diverse professions: lawyer, economist, businessman, psychologist, teacher, social workers, among others. Mediators can be selected from the list provided by the Mediation Center or in the court, in the case of court referral.
What is mediator’s role in disputes?
A mediator is independent. Within the mediation process, the main role of the mediator is to assist in the voluntary resolution of a dispute and to support all parties. The mediator does not share his or her opinions, nor suggests solutions. The mediator offers his/her services only on issues where s/he can remain impartial. Furthermore, omnipartiality is the basic principle of mediation. The duty of the mediator is to assist all disputing parties equally.
What does mediation cost me?
If the mediation is a court-referred case, parties do not pay for mediation. However, if the parties agree independently to ask for mediation, currently each case costs 25 euros, unless otherwise agreed. This amount goes to Mediator/s, not to the Center. Finally, up-to-date information about mediation costs can be found in the Mediation Center offices.
Is mediation confidential?
Yes, the mediation process is strictly confidential. Only parties and the mediator can be present during Mediation. The mediator has the duty to keep names of parties involved and content of the Mediation, as well as the process strictly confidential.
What if the mediation is not successful?
Mediation can have many outcomes. The mediator supports all parties by finding a consensual agreement among them, without imposing opinions or solutions. If the mediation is not successful, parties can still resolve their dispute in other ways, including a court resolution.
Does mediation agreement constitute an executive agreement?
If a conflict is referred by the court, the judge will sign an agreement with involved parties and the mediator, which becomes executive. This means, there is a legal and enforceable contract. If all parties agree to an out-of-court mediation, an equally-binding agreement can be reached. Parties can also notarize this agreement.