Mediation – quick resolution of the dispute
Mediation is an alternative way of resolving a dispute between two parties or resolving a dispute that is already before a competent court.
In this procedure, the mediator as a third party helps and directs the parties to jointly find a solution to the dispute, and the parties in the mediation procedure are not limited in presenting their views and proposals. The solution to the dispute is not imposed on anyone because the mediation procedure is voluntary, the parties are equal and the mediator is neutral. The court may also suggest that the parties try to resolve their dispute through mediation. If the mediation is not successful, the court proceedings continue.
If the parties will agree on their own, then what is the role of the mediator? The mediator mediates the conversations, brings the parties closer to their positions, has the possibility of separate conversations with each of the parties if the other party agrees. The mediator is trained to conduct mediation and he draws up a settlement agreement in the mediation process.
The form of the settlement agreement in the mediation procedure is prescribed by the Law on the Mediation Procedure, and the mediator should adhere to the prescribed form. In accordance with Article 25 of the Law on Mediation Procedures, this agreement has the force of an enforceable document. This means that in the event of non-fulfillment of the obligation assumed by the agreement within the agreed period, the parties may, after the expiration of the voluntary period, initiate enforcement proceedings before the competent court. Mediation allows the parties to obtain an enforceable title faster, with which they can initiate an enforcement proceeding, unlike court proceedings in which enforcement occurs after the finality of the law.
The parties can get more information about mediation from their lawyer or directly from the Association of Mediators of Bosnia and Herzegovina.
