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Latest amendments to the Law on Mediation

in North Macedonia

Latest amendments to the Law on Mediation

"Mediation" is a way of resolving individual disputes that have arisen between two or more parties to a dispute. Namely, this allows them to resolve the dispute amicably, with the help of a mediator with the possibility of reaching a mutually acceptable written agreement. 

The latest amendments to the Law on Mediation refer to:

  • Introduction of basic notions of mediation which define the more important terms used in the Draft Law;
  • Principles of mediation that are fully harmonized with the European Union Directive on mediation in civil and economic disputes;
  • A new principle of use of language that allows the parties and others participants in mediation who speak another language, to use their own language in the mediation procedure;
  • Types of mediation: voluntary, contractual and legal; specifying the conditions for mediation in cross-border disputes;
  • Тhe manner of calculating the amount of subsidies;
  • Manner of taking the exam for mediator and introducing an obligation for professional development and promotion of mediators once throughout the year;
  • Mandatory entry of all received requests for mediation and data for the further procedure in the Electronic Register;
  • Change in the status of the government body responsible for monitoring the quality of mediation. 

The advantages of mediation over court proceedings are:

  • Shorter period of resolution of dispute;
  • An independent person decides in the mediation process;
  • The parties themselves select the mediators from the list of the Directory of Mediators;
  • The parties agree on the manner of performing mediation amicably;
  • Procedures are cheaper and more flexible;
  • In the mediation procedure, the public is excluded;
  • Тhe agreement reached through mediation is final and the parties have no right to appeal.