Recent Additions To Kosovo's Law Of Mediation

• Author: Fatime Dermaku
• Pages: 136-143

ACTA UNIVERSITATIS DANUBIUS Vol. 15, no. 1/2019

136

Recent Additions to

Kosovo’s Law of Mediation

Fatime DERMAKU1

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.

Keywords: mediator; alternative dispute resolution; novelties; civil disputes

1. Introduction

The resolution of disputes between civil parties is classified in two major types, the

first being adjective processes such as litigation, in which the court determines the

outcome and the second being consensual processes known as the alternative dispute

resolutions such as arbitratio, mediation, conciliation or negotiation in which the

parties attempt to reach an agr eement. The alternative dispute r esolution is being

highly encouraged by the courts because of the benefits of it in reducing time and

cost to the par ties’ involed in the dispute as well as the judicial system. One of the

1 PhD Candidate, University of Prishtina, Faculty of Law, Prishtina, Republic of Kosovo, Address:

Pristina, str. Agim Ramadani 10000, Republic of Kosovo, Tel.: +38344368744, Corresponding author:

fatimedermaku@hotmail.com.

AUDJ, Vol. 15, No. 1/2019, pp. 136-143