Acta Universitatis Danubius. Juridica, Vol 15, No 1 (2019)

Recent Additions To Kosovo’s Law Of Mediation

Fatime Dermaku

Abstract


The purpose of this scientific paper is to introduce the new law on Kosovo's mediation and the changes from the previous law of Mediation.

Mediation is an alternative dispute resolution between the parties, with the intermediation of a third person. The new Law on Mediation, which complies with the Directive 2008/52 / EC of the European Parliament and of the Council of 21 May 2008, on certain aspects of mediation in civil and commercial matters, as such envisages substantive changes. The novelties of this law consist of: mandatory mediation for certain disputes, the choice of the mediator by the parties themselves, the possibility of mediation, the duration of the mediation, from 90 days as it was previously with an extension of 30 days, i.e 120 days in total, as well as the establishment of Chamber of mediators, which will function based on its internal acts.The aproach used in the research includes a combination of legal analysis, observations and review from legal practice and theory. The conculsion of the study aims to explain the benefit of mediation as an alterantive dispute resolution, in achieving an acceptable agreement by the parties as well as the reduction of cases in the courts.


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