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)
(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)
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
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!