Mediation: A concept that has to do not just with the justice system

Endira Bushati Edi Spaho
Abstract:
Conflicts and disputes among people are an integral part of everyday life, of our private and professional life. They can be of any kind, from social, commercial, family related disputes up to those between the states themselves. Just as the types and natures of disputes increase with the economic and cultural development of any society, the mechanisms of dealing with them take a special importance as well. Besides dispute resolution by state bodies that are established by law, alternative ways for resolving disputes are developing increasingly and are receiving a special importance as well. The alternative solution of a dispute is nothing more than an alternative for resolving the dispute outside the judicial system, where the main ways are mediation and arbitration. Alternative solutions to disputes are widespread in countries of common law systems, considering that most disputes are solved in this way. In this article we will examine mediation and its development especially in Albania. Mediation is a way to resolve disputes between two or more parties, where a third person, the mediator, negotiates with the parties so that they arrive at a solution acceptable to all.

Keywords:
mediation, dispute, reconciliation, court, mitigation

Full text available in PDF: Academicus-MMXIII-7-054-061.pdf

Digital Object Identifier (DOI): http://dx.medra.org/10.7336/academicus.2013.07.06

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