Mediation in Republic of Macedonia

Mediation in Republic of Macedonia*)

*Presentation in RCC Conference - Beograd (Serbia) 9.12.2015

•- Law on mediation 
(Official Gazette of the RM, No. 188, 31.12.2013 )
- Law amending the Law on mediation 
(Official Gazette of the RM, No. 148/2015, 31.08.2015 )
- Law amending the Law on mediation 
(Official Gazette of the RM, No.192/2015, 5.11.2015)

•Definition

•Law on mediation regulates disputed relations where the parties may freely dispose with their claims, unless other law stipulates exclusive jurisdiction of a court or other authority, regardless whether it is carried out prior or after the beginning of court or other procedure.

•„Mediation“ is any intermediation, regardless of its name, during settlement of the disputed relation in the mediation procedure, where for the parties involved there is an opportunity to resolve the dispute through negotiation, in a peaceful manner,  by involving one or more licensed mediators, in order to achieve mutually 
acceptable solution in the form of a written agreement. 
(Article 2, Law in Mediation)

•Mediation is applied in:

-property and legal affairs disputes;

-domestic,

-labour,

-commercial,

-consumer,

-insurance disputes,

-disputes in the area of education,

-protection of the environment,

-disputes regarding discrimination,

-and other disputed relations where

 mediation is relevant to the character of 

the disputed relations and may assist the 

dispute settlement.

•

•Mediation is applied in: Provisions of this Law shall also apply to criminal disputes, unless otherwise stipulated by a separate law.

•PRINCIPLES OF MEDIATION

•Voluntariness

• Equality

•Neutrality

•Confidentiality

•Exclusion of the public in mediation

•Equality of parties

•Availability of information about mediation in other procedures

•Efficiency

•Fairness

•

•Referring to Mediation by a Court

•The court, during first instance procedure, shall recommend the parties to solve the dispute through a mediation procedure and it will be noted in the minutes of the appearance in court.

•The judge may, in accordance with the parties in the dispute, at any stage of the court procedure, terminate the procedure and refer parties to mediation.  (Article 29)

•

•Competency of the Ministry of Justice in the field of mediation

 - Legislative activity - Prepares the Law on mediation;

 - Carries out supervision of the work of the Chamber  of mediators, in context of the provisions of Law on mediation;

-Gives approval to the Statute of the Assembly of the mediators;

-Receives the Annual report of the Chamber of mediators for the work of the Chamber, also including the: -annual financial account of the Chamber, -general assessment for the work of the mediators as well as –proposal for measures for improving the application of the mediation … 

•Competency of the Ministry of Justice in the field of mediation

•By Minister of  Justice hires the team that prepares the questions and data base of the exam for mediators;

•Carries out the professional and administrative affairs necessary for carrying out the exam for mediators ;

•Proposes one member of the  Board for ensuring , monitoring and evaluating the quality of mediation …

•Competency of the Ministry of Justice in the field of mediation

•Publish and updating the Directory of mediators on the web page of the Ministry;

•The training for mediators is organized and conducted by the Ministry of justice, according to the Programme for training of mediators

•Carry out the administrative and technical aspects of the training for mediators .

•

•
Board for ensuring , monitoring and evaluating the quality of mediation works 

•The Board (or Committee) is composed of ten members appointed by the Government of the Republic of Macedonia and those are:

•Members of the Board for ensuring , monitoring and evaluating the quality of mediation works

•- one member proposed by the Chamber of the mediators registered in the Mediator Directory,

•- one member proposed by the Judicial Council of the Republic of Macedonia from the judges in that Council,

•- one member proposed by the Bar Association in Macedonia from the lawyers,

•- one member proposed by Inter-University Conference from the professors in the institutions for higher education,

•- one member proposed by the Chamber of Psychologists in Macedonia from the qualified psychologists with a special license for conducting psychological activity,

•Members of the Board for ensuring , monitoring and evaluating the quality of mediation works

•- one member proposed by the Ministry of Justice from the employees that work on questions from the area of mediation, 

•- one member proposed by the Ministry of Labour and Social Policy, from the employees that work on questions from the area of mediation,

•- one member proposed by the Ministry of Economy from the employees that work on questions from the area of mediation,

•- one member proposed by the Chambers of commerce in the Republic of Macedonia and

•- one member proposed by the Association of customers in the Republic of Macedonia.

•

•President of the Board for ensuring , monitoring and evaluating the quality of mediation works

  The Government of the Republic of Macedonia appoints a president chosen from the Board that will represent the Board and carry out its activities determined by law.

•

•Main functions of the Board for ensuring , monitoring and evaluating the quality of mediation works

•determines the fulfilment of the conditions for issuing a certificate for completed training for mediators;

• forms the base of questions for the exam for mediators;

•determines the exam sessions and the manner of taking the exam for mediators, organizes and conducts the examination and issues the certificates for passed exam;

•issues the licenses for mediators and trainers for mediators;

•accredits programs for training mediators and creates a system for following the procedures for mediation within training people that attend training for mediator;

•keeps a registry of trained mediators, trainers for mediators, i.e. accredited programs for training mediators;

•determines the methodology and the manner for monitoring and evaluation of the working quality of the mediators and  trainers for mediators

•examines and decides upon the complaints for the work of the trainers for mediation, i.e. conducting the programs for training for mediation;

•carries out other action prescribed by law.

•

Thank you for your attention!