Back

Renewed pursuit of mediation - the main point of the Regional Conference on Alternative Dispute Resolutions held in Montenegro

Montenegro 16 December 2021
  • Diminuer la taille du texte
  • Augmenter la taille du texte
  • Imprimer la page
  • Imprimer en PDF
Renewed pursuit of mediation - the main point of the Regional Conference on Alternative Dispute Resolutions held in Montenegro

Mediation is being increasingly respected as a viable – and cost-effective – form of dispute resolution. However, the extent to which mediation is accepted and properly used is still very much dependent on local jurisdictions. According to approximate data, only 14% of EU countries have over 10,000 mediations per year. Additional efforts are therefore needed to encourage a balanced relationship between mediation and judicial proceedings, and to promote mediators' ability to solve commercial disputes just as effectively as arbitration and litigation.

These were some of the main conclusions and recommendations drawn from the hybrid Regional Conference on Alternative Dispute Resolution (ADR) which was held on 3 December 2021, in Podgorica, to enhance ADR- related efforts in Montenegro and in the region.

The participants of the conference also discussed the issue of further standardisation of mediation rules, especially with respect to online mediation. It was assessed that the COVID-19 pandemic has affected the area of dispute resolution, increasing a demand for online mediation tools. However, over-regulation of online mediation should be avoided to the extent possible, and the existing technology such as softwares for ‘automated negotiation’ (‘blind-bidding’ and ‘visual blind-bidding’) should be utilised, where possible.

Another important conclusion relates to the need for internationalisation of alternative dispute resolution. Building the capacity for reaching peaceful solutions and expanding international and regional mediators' networks remains crucial for increasing transparency and efficacy of mediation and improving public understanding of its benefits.

The Regional Conference was organised under the auspices of the action “Accountability and professionalism of the judicial system in Montenegro” which is being implemented under the joint European Union and the Council of Europe programme “Horizontal Facility for the Western Balkans and Turkey 2019-2022”.