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Normative Framework

cekicThe statutory basis to introduce mediation was created by adopting the new Civil Procedure Code in 2004 which laid down that civil procedures may be also resolved by means of an agreement reached in the mediation procedure. Civil Procedure Code created the possibility to initiate the organizational arrangement of the institution of mediation, which followed after the adoption of the Law on Mediation in May 2005.

Law on Mediation regulates rules of procedure of mediation in civil law disputes, including disputes arising from family, commercial and other property rights of natural and legal persons in which parties may freely dispose of their requirements, as well as in civil proceedings arising from labor relations that are ongoing before courts, and the terms and procedure of appointment and dismissal of mediators.

Family Law envisages the mandatory referral of the parties to mediation in matrimonial disputes.

When it comes to mediation in criminal matters, the 2004 Criminal Procedure Code, introduced settlement between the accused and the injured party through the institution of deferred prosecution, as an alternative form of resolution of criminal proceedings, and the 2006 Criminal Code introduced corrective order of settlement with the injured party, which is applied against juvenile offenders. Rulebook on the implementation of corrective orders which provided for the procedure of appointment of mediators in criminal matters was also adopted.

All mediators are required to be guided by the Code of Ethics for Mediators, which was adopted by the Association of Mediators of Montenegro.

Regulations governing the institution of mediation are as follows:

  1. Law of Mediation
  2. Civil Procedure Code
  3. Family Law
  4. Criminal Procedure Code
  5. Rulebook on mediator training
  6. Rulebook on the implementation of corrective orders
  7. Rulebook on deferred prosecution
  8. Code of Ethics for Mediators
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