Mediation as an Alternative Manner of Dispute Resolution in Kosovo

• Author: Rrustem Qehaja - Valbon Mulaj
• Position: Professor, PhD, Faculty of Law, University of Prishtina, Kosovo - PhD, Faculty of Law, University of Prishtina, Kosovo
• Pages: 83-93

JURIDICA

83

Private Law

Mediation as an Alternative Manner of

Dispute Resolution in Kosovo

Rrustem QEHAJA

1

, Valbon MULAJ

2

Abstract: Mediation as an alternative manner of dispute resolution in Kosovo is a novelty. Kosovo is

a new state which declared its independence in 2008, and in the same year the Law on Mediation has

entered into force. This piece of legislation has been drafted in alignment with the laws of other

European countries on mediation. The proper establishment and functioning of mediation in Kosovo

has started only in 2011, and by looking at the practical effectiveness of the mediation, one can see

that it had a positive start compared to other regional countries and considering the short timespan

since it started being practiced. This scientific paper apart from presenting the establishment as well

as resolved cases, is also important for readers as it presents principles of mediation and their

importance in mediation procedure. Likewise it presents the advantages of parties in mediation in

comparison to courts. At the end of this scientific paper, several conclusions and recommendations

have been presented.

Keywords: mediation; dispute resolution; establishment; confidentiality; agreement

JEL Classification: K10

1. Introduction

Mediation as an alternative manner of dispute resolution in Kosovo has been

regulated since 2008 by the Law on Mediation which has been drafted in alignment

with laws of European countries on mediation. Since the time that the Law on

Mediation has entered into force, other accompanying regulations, which helped

mediation to be more functional and practical, have been promulgated. This has

1

Professor, PhD, Faculty of Law, University of Prishtina, Kosovo, Address: Agim

Ramadani Street nn., 10000 Prishtina, Kosovo, E-mail: rrustem.qehaja@uni-pr.edu.

2

PhD, Faculty of Law, University o f Prishtina, Kosovo, Address: Agim Ramadani Street

nn., 10000 Prishtina, Kosovo, Corresponding author: valbon.mulaj@uni-pr. edu.

AUDJ, vol. 12, no. 3/2016, pp. 83-93