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Mediation

predmetMediation is a process where parties with the assistance of one or more mediators can resolve disputes. During mediation process each party expresses its views and opinions during the proceedings, and with the assistance of a mediator, they perceive their positions and interests in an effort to achieve a fair resolution that is acceptable to all parties. The value of mediation is to promote the idea of peaceful, nonviolent conflict resolution, tolerance and mutual understanding.

Mediation is not binding, and parties can give up on this process at any stage. A mediator can not impose a solution or a decision, but his/her role is rather to facilitate the process, so that the parties alone come to a solution of the problem. Mediation can be applied at any stage of the proceedings- before the dispute has arisen, after the dispute has arisen, even during the procedure of appeal.

Duration of mediation proceeding is limited in time, which contributes to significant shortening of usually long dispute resolution with an uncertain outcome.

Mediation as a process of peaceful settlement of a dispute is just a supplement to the judicial system, not its substitute. If during mediation an agreement is not reached between parties, they may return to court proceedings.

Unlike court proceedings, mediation is significantly shorter and less expensive, where parties actively participate and come to a satisfactory solution. While during a trial only legal positions of parties are considered, the mediation process takes into account interests of parties that may be identified by religious, cultural and other factors.

Hence mediation is beneficial for many reasons, including:

  • Faster resolution of disputes (a few days or weeks);
  • All parties benefit from it;
  • Parties together come up with solutions;
  • It is accessible and inexpensive;
  • All information remains confidential;
  • The solution is stable, and relations are not violated;
  • The parties set the rules;
  • Personal values, culture, customs and traditions are taken into account.

Mediation in Montenegro is possible in the following disputes:

  1. Civil law (trespassing, property disputes, damage compensation, etc.);
  2. Family law (disputes between parents and children, division of marital property, establishing paternity, divorce, etc.), where the case has to be referred to mediation;
  3. Commercial law (damage compensation, insurance, investment disputes, service contract, disputes over copyright, monopolistic activity, industrial property, etc.);
  4. Labor law (cases pending before the court), under the competence of the Agency for Amicable Settlement of Disputes;
  5. Criminal law (principle of opportunity, deferred prosecution);
  6. Other disputes (where there is good will of both parties to resolve the dispute by mutual agreement - via settlement, when it is not contrary to binding provisions of domestic law, of which the mediator takes account).
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