Wednesday 2 May 2018

How to Use Mediation as an Alternative Solution


The parties and the mediator contact us, if they have not agreed otherwise, may at any time during the procedure make their proposals for the agreement for resolving the dispute. The procedure for mediation can last up to 45 days from the date of submission of a written consent to the competent organ, if the procedure is not completed within the given time limit, then the case is returned to the public prosecutor, that is, the court procedure continues where it is interrupted. The mediation procedure may end with the conclusion of a written agreement between the parties, which may refer to reaching consent for compensation of pecuniary damage and moral satisfaction. The mediator will stop the mediation procedure if he considers that the agreement reached is unlawful or ineligible for enforcement. However, the mediation procedure can be completed without a written agreement, with a written statement from the mediator, after consultations with the parties, that further attempts to mediate the parties are not justified. The parties may at any time give up the procedure without giving the reasons for it.

The expenses for the mediator are borne by the Budget of the Republic of Macedonia according to the Tariff List for reward and reimbursement of the expenses of the mediators, after determining the expenses of the public prosecutor, that is, the court that referred the parties to the mediation procedure.
The mediator is an expert, trained, capable person capable of helping the parties to reach an agreement without the right to impose a dispute resolution in accordance with the principles of voluntary, neutrality and impartiality, confidentiality, publicity in mediation, equality of parties, availability of information for mediation, efficiency and fairness. It is convenient for the mediator to be a social worker, psychologist, educator, graduate lawyer specialist or a person from another profession who has completed the training for a mediator for children and meets the other requirements stipulated in the Law on Mediation and the Law on Justice for Children. Specialized mediators for the conduct of juvenile proceedings should be highly specialized in the field of communication, conflict resolution skills, appropriate approach to the victim and perpetrator, empathy and understanding of the victim. To have knowledge of local culture, traditional values and customs in the middle. It is necessary to upgrade their knowledge and skills for mediation by attending training sessions.

The mediation is an alternative solution for the mediation and reconciliation of the impairment and the perpetrator of a crime in which the methods of restorative justice or so-called informal law are applied, which is directed towards finding justice through negotiation and settlement of the parties involved in an appropriate disputed situation, which occurred after a committed misdemeanor or criminal act. In restorative justice, the victim and the perpetrator are called to find an appropriate solution, that is, to escape the criminal situation.
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