Serbia is one of the European countries where mediation is regulated by law as an alternative method of dispute resolution. Below is a brief overview of the regulatory framework, professional requirements for mediators, and the infrastructure of organizations that ensure the conduct of the procedure.
The first Law on Mediation was adopted in 2005, but it did not produce significant results. The second law — the Law on Mediation in Dispute Resolution — was adopted in 2014. A new Law on Mediation is currently being prepared. Laws that allow the use of mediation in other disputes include: the Law on Civil Procedure, the Law on the Peaceful Settlement of Labour Disputes, the Law on the Prevention of Violence at Work, the Law on Consumer Protection, the Law on the Prohibition of Discrimination, the Law on Social Protection, the Law on Insurance, the Labour Law, the Law on Free Legal Aid, the Law on Enforcement and Security, the Law on the Protection of Financial Service Users, the Bankruptcy Law, the Family Law, the Law on Criminal Procedure, the Law on Voluntary Financial Restructuring, and others.
There is no obligation to use mediation, except in disputes concerning consumer protection, labour disputes, and mobbing. Despite all the advantages of mediation compared with court proceedings, it has not become widely used within the judicial system. For this reason, the Law on Amendments to the Law on Court Fees, hereinafter referred to as the Law, was adopted and entered into force on January 1, 2019. The amendments introduced by this Law concern mediation and court fees, namely exemption from the payment of court fees in civil proceedings if the dispute is resolved through mediation.
All these amendments are aimed at reducing the burden on courts, popularizing alternative methods of dispute resolution, and encouraging parties to resolve conflicts peacefully before the first hearing on the merits of the case, since in that situation they are exempt from the obligation to pay court fees.
Settlement Agreement and Written Agreement on Factual Issues
Finally, when speaking about mediation, it is worth noting that within mediation the parties to a dispute may reach:
Of course, court practice on this matter remains to be seen.
An agreement or contract reached as a result of mediation, bearing the required signatures and notarized, has the force of an enforceable document.
In order to perform the functions of a mediator, a person must meet the following criteria:
In certain areas, legislation may provide for special conditions for conducting mediation. For example, in consumer protection disputes, under the conditions established by the Ministry of Trade, a mediator must have graduated from a law faculty before being included in the list of Mediation Bodies for consumer disputes.
In international mediation and mediation in cross-border disputes, a citizen of a foreign state may act as a mediator, provided that he or she is entitled to practice mediation in another country on the basis of reciprocity.
A citizen of an EU Member State may also act as a mediator, provided that he or she is entitled to conduct mediation in an EU Member State.
Judges may engage in mediation only outside working hours and without remuneration.
In order to officially perform the function of a mediator, a person must have a licence to conduct mediation issued by the Ministry of Justice and must be registered in the Register of Mediators of the Ministry of Justice.
There is also a Register of Providers of Free Legal Aid and Support. Mediators are registered as providers of free legal support, while third registered intermediaries are the so-called “Bodies” for the peaceful resolution of consumer disputes. In order to be entered in this Register, a mediator must have graduated from a law faculty. Registration is carried out by the Ministry of Foreign and Internal Trade.
This organization provides information about mediation. Its main goal is to inform citizens and society about mediation and its benefits.
The organization is involved in communication and exchange of experience with mediators from other countries, the organization of conferences, congresses, and round tables with fellow mediators from the region and around the world, as well as with all interested groups. Its activities include informing citizens, providing free legal aid and support, assistance, counselling, and preparation for mediation, expanding the network of mediators in domestic and international markets, including through economic, commercial, and interethnic disputes, publishing specialized publications and materials, protecting human rights, establishing connections, and cooperation with private, public, and international institutions for the purpose of developing mediation.
The organization’s members include individuals as well as companies, associations, and professional organizations from Serbia, the region, and the world.
The organization conducts basic and specialized training.
Over the past two years, The Mediator magazine and its editors have been nominated four times and have received three awards, including one national and two international awards, for promoting mediation and innovative solutions for the peaceful resolution of disputes.
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