|
 Albania Passes New Mediation Law Sunday 14th August 2011 | Sebastian David Lees A new mediation law replacing earlier legislation has been approved in Albania. This new law on ‘Mediation and Conflict Resolution’ is replacing the previous law, brought into effect in 2003, but never fully applied.The new law, comprising of 28 articles clearly regulates how mediation will function in Albania. The new law describes mediation as an ‘independent activity’, where parties seeking to solve a disagreement can reach any acceptable solution that is ‘not against the law’.
Under the new legislation anyone can become a mediator once getting a license from the Ministry of Justice. A licensed mediator should be registered in the Mediators Registry.
The courts refer to the Mediators Registry when they process civil cases, which can be solved easily through mediation. When two parties in conflict go into court for such a case, then the judge first asks them to go to the mediator before the case will be seen. Parties can choose the mediator they want to address their case. Interestingly the mediator holds no responsibility to the courts if the agreement between parties achieved through the mediation process is not fulfilled or not respected. This has raised criticisms as to the quality of mediators which will enter the Albanian system.
The law will be entered into force when all legal acts regulating the mediation process will be signed by authorities, which means in six months after the law was published in official bulletin.
Rate this article
You may also like:
|
Forum
Comments