Some of the Impact of Mediatisation of Mediation Law Process

Mediterranean Journal of Social Sciences, 2013

Desire and ability to mediate and to solve conflicts through conciliation is a national asset for any country. Every human society shows the development stage of its citizenry inter alia through the self-regulatory mechanisms of disputes arising within its members. History has shown that even within albanian society have been existed such mechanisms which have regulated coexistence for centuries. Further more, the albanian tradition reminds us that the institution of dispute settlement through conciliation is deeply rooted in our lives and in our good habits.In terms of economic development, it is time that this tradition of extrajudicial settlement of disputes to be provided on professional level, affecting more the legal aspects. The state court, which is traditionally known as the place where all conflicts are resolved, should be seen increasingly as an alternative. Besides its, other important alternatives of conflict resolution should be focused by the law, such as mediation and arbitration. Therefore, this article, through the method of interpretative analysis, aims to present an overview of the albanian reality of these alternative legal means, trying to highlight the legal framework as well as the judicial practice. It will attempt to clarify the problematic issues, addressed by the domestic law in this area and the necessity for eventual changes. Implementation of contemporary legal instruments in accordance with the international trend, especially focused on the arbitration institute, will certainly offer a good service to the integration process of the albanian economy.

International Journal of Cognitive Research in Science, Engineering and Education

Disputes resolved with the use of mediation as a form of dispute resolution are rare (or at striking level) in the practice in our country. In order to increase the number of disputes that were successfully completed based on mediation, it is necessary for the people to know about the alternative forms of resolving litigation. The lack of information contributes to the lack of trust in any resolution of the dispute except in the court. There is also the positive practice of resolving disputes through mediation macular placed in public. This Paper treats the action research which aims to connect the people awareness of mediation as a form of negotiation through which can quickly and easily, without major financial implications, to resolve any dispute. This paper is based on a survey with the members of Chamber of Mediators of the Republic of Macedonia. These results clearly confirm the lack of information among the local population about the forms of dispute resolution that are avail...

International Scientific Journal “Balkan and Near Eastern Journal of Social Sciences”, 2018

Mediation was implemented in Macedonian legislation with the Mediation Law in 2006, but only in civil matters not in criminal matters. Later, mediation in criminal matters in the Republic of Macedonia is implemented in the year of 2009 with the Changes and Additions to the Law of Mediation from 2006. The aim of this study is to get the results about the implementation of mediation in criminal matters in part of Macedonia, especially in the region that it is under the jurisdiction of the Court of Appeal in Bitola and is this kind of mediation conducted in practice.

Studia Iuridica Lublinesia, 2015

Mediation is treated in many contemporary legal proceedings as a part of decision making process, also in the processes of application of law. The main question stated in the article concerns the separate nature of the mediation, uncomparable to the traditional view of the application of law. Is the mediation procedure only a specific and unnecessary part of the application of law process, or the distinct and necessary decision making unit which may replace the traditional, authoritative model of the application of law?

Media Law International Handbook, 2020

The first thing that comes to mind to someone whose rights have been infringed may be to seek his right in court.That is a legitimate right for everyone; however it is not always the best solution. In the area of media and journalism, the ideal settlement of the dispute would be privately, by the norms of media’s self-regulation. As online media is getting broader on a daily basis, more people exercise journalistic activity. Despite this fact having its positive sides, it makes it easier to breach the law or lower the quality in providing information. Judging media is a delicate process for the courts, as a very hard proportionality test must be conducted in every case.

2018

States in transition and which are building state mechanisms face numerous challenges and problems. Among challenges that Kosovo face is building a legal system which should be in accordance with universal legal values. In order to strengthen the legal system have been foreseen also various supportive mechanisms in terms of completing the system and reflecting on a more efficient judicial system. As supportive mechanisms are arbitration and mediation, hence through their application the judicial system has also various alternatives concerning dispute resolution. Through this working paper we intend to elaborate the Kosovo mediation historic and its transition from a traditional mediation to mediation under legislation. We tend to handle also mediation as the Kosovo legal system part. We shall be focusing on alternative civil dispute resolution through mediation. Through this working paper shall be elaborated also the importance of this institute within legal system and citizens appr...

Humanities Studies, 2023

The relevance of this study. Judicial mediation is a method of organized dispute resolution procedures in civil and administrative cases, to reach a peaceful solution with the agreement of both parties to the dispute. The legalization of judicial mediation provides additional opportunities for the parties to the dispute not only to settle the dispute amicably, but also has more potential benefits for both sides of the dispute, looking for a favorable solution, which can be confirmed by a mutual settlement agreement. Due to these advantages, the use of this alternative method of dispute resolution is growing both in Lithuania and around the world. The main problems. 1. Does the legal regulation of judicial mediation meet the goals of the mediation institute and the process participants? 2. What are the conditions for applying judicial mediation in court practice? 3. How is the transfer of a legal dispute to judicial mediation, the conciliation of the parties to the dispute by the mediation institute and the approval of the settlement agreement treated in court practice? 4. What is the relationship between judicial mediation and judicial mediation applied in European Union countries? 5. What features of legal regulation of judicial mediation of foreign countries can be integrated in judicial mediation procedures in Lithuania? The following tasks: 1. To analyze the concept of judicial mediation institute. 2. To discuss the conditions of application of judicial mediation and its procedure. 3. To compare the regulation of judicial mediation in the countries of the European Union. 4. To analyze the application of judicial mediation in Lithuanian court practice. The aim of this work: to perform a comparative analysis of the regulation of judicial mediation in Lithuania and foreign countries. In order to determine possible changes/improvements in the legal regulation of the implementation of the Lithuanian Institute of Judicial Mediation, based on examples of good practice in foreign countries and the practice of domestic courts. The used methodology: the document analysis method was used to analyze the legal acts of the Republic of Lithuania; the method of systematic analysis was used to combine different opinions of authors, legal acts, court practice; the comparative method was used to compare the regulation of judicial mediation in Lithuania and the countries of the European Union.

R. Hauser, M. Zirk-Sadowski, B. Wojciechowski (red.), The Common European Constitutional Culture-Its Sources, Limits and Identity seria Dia-Logos, Peter Lang 2016 (ISBN 978-3-631-65991-5), 2016

Abstract: The paper begins with a brief introduction to the topic of conflict, norms used for its resolution and mediation as a way to deal with it. Its purpose then is to point out and argue the thesis, that mediation and its development in legal area corresponds with such features that are said to be distinctive for "European constitutional culture". Hence, the institution of mediation and its extending within contemporary legal systems-in legislation as well as in decision-making process-may be viewed as a form of expression of the changes outgoing in European legal culture as well as in a role of the state in conflict resolving.

2017

This dissertation was written as part of the LLM in Transnational and European Commercial Law, Mediation, Arbitration and Energy Law at the International Hellenic University, aiming to provide a comprehensive and thorough review of the essentials of the Judicial Mediation in Greece. It is undisputable that conflict lies at the heart of the democratic process. The most innovative decisions are engendered by productive dialogue that explores different proposals and views with main aim the creative solutions. That is why it is more than challenging to transformation of the conflict from a destructive and adversarial battling to a creative solution of a problem. In the framework of ensuring a balanced relationship between Mediation and Judicial Proceedings, the European Parliament adopted Directive 2008/52/EC on May 21, 2008 under its EU target for obtaining alternative ways of resolving civil and commercial disputes. Greek legislation was not unfamiliar with ways of resolving the dispu...

Proceedings of the First Multidiscipline International Conference, MIC 2021, October 30 2021, Jakarta, Indonesia, 2022

Intercession is a serene interaction wherein the questioning gatherings present their settlement to a go between to accomplish a reasonable result for the two players to the debate. One of the reasons and considerations of the Supreme Court to issue PERMA Number 1 of 2008 is the implementation of Article 130 HIR/154 RBg to reduce the accumulation of cases in court, namely through mediation. The research method used in this research study is normative juridical, which is presented in a descriptive form to give a clear picture to the readers. Intervention in court is viewed as a quicker and moderately cheap debate goal process with the goal that it can make a positive commitment in satisfying a feeling of equity and give acceptable outcomes to the gatherings to the question. It is because of framework combination. Intercession focuses on an agreement approach in uniting the interests of the questioning gatherings.