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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).
HOW DOES MEDIATION BEGIN?
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”.
WHERE IS MEDIATION OBTAINED?
Alternative Dispute Resolution Center - Mediation Center Mitrovica / St. ‘’Nemanjina/Sami Frashëri’’ No.52 (Little Bosnia) / 40 000 Mitrovica, Kosovo
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.
Total number of court, prosecution and out-of-court cases