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Free-of-charge mediation seminars offered by the Economic Chamber of Macedonia: “Mediation as an efficient method of out-of-court dispute resolution"
Article 47 of the Law amending the Law on Litigation Proceedings (Official Gazette of RM No. 124/15) amends article 461 of the revised text of the Law on Litigation Procedure, stating the following: In commercial disputes involving money claims not higher than MKD 1,000,000, for which proceedings are commenced by way of filing a statement of claim before a court, the parties to the dispute are obliged to make an attempt at resolving the dispute via mediation, prior to filing the statement of claim. When filing the statement of claim, the claimant is obliged to submit a proof, issued by a mediator, that the attempt to resolve the dispute via mediation was unsuccessful. The statement of claim filed without the proof described in paragraph 2 of this article shall be rejected by the court." This provision of the aforementioned Law entered into force in February 2016.
Pursuant to the latest Law on Mediation and its amendments and addenda (Official Gazette of the Republic of Macedonia nos. 188/13, 148/15 and 55/16), mediation proceedings may only be conducted by a licensed mediator, in accordance with the rules of article 46 of the Law on Mediation. The licence is issued by the Ministry of Justice of the Republic of Macedonia - the Board for securing, monitoring, and assessing the quality of mediation-related activities. The mediator performs his or her tasks under the Law on Litigation Procedure and the relevant provisions. A mediator may also conduct proceedings for different type of disputes eligible for mediation, provided that the parties involved are willing to use this method of dispute resolution.
A series of developments, including the dynamics of doing business, the ongoing tendency to cut costs and boost efficiency, the technological advantages reflected in the fast-paced exchange of information, and the overall mobility in all areas of life, have imposed a need for an alternative to conventional court proceedings - a method that would be efficient in resolving disputes and conflicts by way of promoting efficient proceedings. Mediation is a method of dispute resolution that provides the required advantages.
The Economic Chamber of Macedonia supports mediation and aims to make this out-of-court dispute resolution method more popular. If the wider population is well-informed about the advantages of mediation, the number of unnecessarily long, expensive court proceedings could be reduced, and the overall rate of resolved disputes could be higher. Mediation is focused on finding solutions acceptable to both parties, and encourages them to cooperate in the future, as the whole process is treated with confidentiality. This is not the case with court proceedings, which more often than not are open to the public.
Hence, the Economic Chamber of Macedonia, a major business association with the largest membership body in the country, is introducing a new service - mediation support, available to both member and non-member companies. The initial goal is to inform companies about the amendments to the Law on Litigation Procedure, the mediation process, and what makes a case or a dispute eligible for mediation. The Chamber has launched a cycle of free seminars with lecturers who are licensed mediators themselves. The seminars are entitled: Mediation as an efficient method of out-of-court dispute resolution.
The schedule of seminars is as follows:
* Definition of the term and concept of mediation (main advantages);
Target group: managers of companies, heads of legal departments, managers of HR departments...
All participants wishing to attend the seminars must register beforehand, as this helps the Chamber to maintain the necessary level of quality and professionalism in delivering the lectures.
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