Mediation is a special form of mediation that helps people in conflict to achieve better coordination of their activities in order to be more efficient in the process of making the most fruitful solution. Mediation includes a third, neutral side, the most qualified and trained person who has the ability to help people in conflict to get new information and insights helping them, from impartial positions, to improve their communications in the search for favorable outcomes. Recently, it has been used in litigation as well.

Mediation as an alternative way of resolving court disputes

The mediation process involves at least three participants. Mediators, ie mediators, and at least two opposing sides. Mediators are neutral, and impartial. They do not have the right to advise the parties, they do not address legal issues and keep the confidentiality of the proceedings. If the parties at any moment have doubts about their impartiality, they may change the mediator. Also, if mediators consider that mediation is not appropriate and that the parties do not want to cooperate, they can always terminate the mediation process. Of course, this does not prevent the parties from attempting to make a further attempt against another mediator. The procedure starts with the signing of an agreement with a mediating mediator. Then, the mediator gives the introductory word, presenting himself, mediating as a procedure, rules of procedure and giving the parties a chance to present themselves. The parties then expose their case in the order they have agreed upon. The mediator has the right to take notes, but they are a secret and can not be used anywhere except for the purpose of mediation for which they were taken. It also applies to customers. The procedure is terminated by signing an agreement, which has the force of out-of-court settlement, but may, at the request of the parties, have the power of an executive document.

The mediation features are cost savings, the secrecy of the procedure, the inability to use evidence mediated in other disputes, the exemption of the mediator is always possible, volunteerism and a process where the goal is that each party is satisfied. No one can make any party agree to what violates her interests. If mediation does not result in an agreement, it can further represent its interests to the court.

The current mediation law in the Republic of Serbia is the Law on Mediation in Dispute Resolution, which came into force 01.01.2015. years.

Lawyer Marija Blagojević is registered in the agent register at the Ministry of Justice of the Republic of Serbia.

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