Mediation

What is mediation (conciliation)?

Mediation (conciliation) is a procedure in which a third neutral person (MEDIATOR/CONCILIATOR) helps the parties in their efforts to reach a mutually acceptable solution to the dispute. The mediator establishes and facilitates the conversation between the parties, in order for them to achieve this goal. The mediator does not make decisions about how the dispute will be resolved.

During the process, each party in the dispute can present its views, explain how the current dispute affects it, and what options would satisfy its interests. The mediator will listen carefully, guide the parties to discuss the key issues, observe the common points of view and interests of the parties and help the parties to base their agreement on them.

Mediation is advantageous for the parties

• The parties come to a solution themselves, which increases commitment to implementing the agreement.
• The opinions and values of the parties are respected.
• Mediation creates a positive atmosphere and helps build relationships.
• Mediation is fast and effective. It is possible to resolve the dispute within a few days or weeks.
• Mediation is cheaper than other dispute resolution procedures.
• Information presented in the mediation process is confidential.
  

The experiences of other countries have shown that, even if the parties do not reach an agreement in mediation, it is easier to reach a solution in later stages of dispute resolution or in court proceedings.

Basic principles in the mediation process

1. Voluntariness - The parties to the dispute voluntarily initiate the mediation process and participate in reaching an agreement.
2. Confidentiality - The mediation process is confidential in nature. Statements made by the parties in the mediation process cannot be used as evidence in any other process without the consent of the parties.
3. Equality of parties - Parties in the mediation process have equal rights.
4. Neutrality of the mediator - The mediator mediates in a neutral way, without prejudices regarding the parties and the subject of the dispute.
   

Mediation is not applied in the Cantonal Court in Livno, because this method is used for settlement of civil disputes at the first-instance courts.

You can get more information on the website of the Association of Mediators in Bosnia and Herzegovina.