The principle of mediation in the Law on mediation in Republic of Macedonia: Its functioning and efficiency

Автор: Ignjatović Marija, Naumovski Goce, Stefanovski Ljubiša

Журнал: Pravo - teorija i praksa @pravni-fakultet

Рубрика: Articles

Статья в выпуске: 5-6 vol.24, 2007 года.

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Based on all of the above, we can conclude that the principles of mediation and their respect depend to a large extent on the personality of the mediator, since he applies them during the entire dispute resolution process depending on his skill and freedom. Consequently, it is necessary for the legislator, following the situation on the ground, to intervene permanently in order to determine sanctions, that is, to prescribe them where they are really necessary. Particular attention should be paid to the sanctions that would be taken against a mediator who does not respect the principles of confidentiality, neutrality and impartiality, which are considered guiding rules and describe his behavior during mediation. Starting from the nomotechnical aspect, the principles of mediation in a large number of countries are regulated within a special part of the Law on Mediation. On the one hand, this gives the possibility for greater transparency of the principles, although this does not mean greater clarity and comprehensibility, and on the other hand, it emphasizes their importance for the mediation procedure. In any case, it is necessary that these principles are defined in a clear way so that an ordinary citizen with an average knowledge of law can understand the essence of this service and its advantages. In addition to the above method, in some countries, where this "Citizen service" has existed for a long time, the principles of mediation are not specifically defined, but form an integral part of the legal text itself.

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Короткий адрес: https://sciup.org/170203881

IDR: 170203881

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