Back European Union and Council of Europe work for better mediation practices in Montenegro

European Union and Council of Europe work for better mediation practices in Montenegro

Mediation is being increasingly used in Montenegro to facilitate collaborative problem-solving between parties involved in a dispute. It allows citizens to efficiently protect their rights, but also significantly contributes to decreasing judicial caseload. The dispute resolution landscape in Montenegro offers the users a full range of options, including early neutral dispute evaluation, mediation and arbitration. As a result, the number of cases solved through mediation is on a constant rise; 1200 mediation settlement agreements were concluded in by the end of November 2021. The new Law on Alternative Dispute Resolution, adopted in 2020 in the framework of EU accession, has further expanded the possibilities for the use of alternative dispute resolution measures, but more efforts have to be put into informing citizens and professionals about the benefits of such measures and into improving the quality of mediation services.

This was highlighted during the Conference on domestic and regional perspectives and challenges in alternative dispute resolution, organised under the joint European Union and Council of Europe action “Accountability and professionalism of the judicial system in Montenegro” in Podgorica today, as part of the annual celebration of the “Week of Mediation” in Montenegro.

Hosted by the Council of Europe Programme Office in Podgorica and Centre for Alternative Dispute Resolution in Montenegro (ADR Centre), this event welcomed representatives from 13 jurisdictions, creating a space for discussion around the expanding mediation practices and tools, including in the field of online mediation. The discussions have covered different ethical, legal and social implications of alternative dispute resolution and the great work of ADR practitioners, judges, local self-governance, bussiness community and academia was showcased.

Lilja Gretarsdottir, Head of the Co-operation Programmes Division in the Directorate General of Human Rights and Rule of Law of the Council of Europe, stressed in her opening remarks that Council of Europe mediation practices and standards rest upon a growing recognition of their unique benefits and potential to resolve future conflicts and minimize, if not avoid, lengthy legal disputes. Mediation practices may vary, but key values of the mediation process are always connected to the core European principles of rule of law and human rights. She also underlined that Council of Europe and the EU share affinity for conciliatory methods, reiterating that ADR services must always be designed with the citizen at their heart.

Riccardo Serri, Deputy Head of the EU Delegation to Montenegro stated in his introductory remarks that alternative dispute resolution (ADR) is crucial to enhance the efficiency of the judiciary. “I am pleased that an increasing number of Montenegrin citizens trusts ADR and that the number of cases referred to the Centre for ADR, from both courts and citizens, is constantly growing. The EU will continue to support Montenegro in this field and generally in all efforts related to judiciary reform”, concluded Serri.

Marina Lutovac, Director of ADR centre in Montenegro referred to the very origins and history of mediation in Montenegrin society, which date back to the emergence of the nation-state. She expressed her gratitude for the opportunity to present real-world examples of the mediation’s potential to improve citizens’ access to justice and shape the future of their lives. She stressed that according to relevant international and European standards “access to justice includes not only the right of citizens to courts’ protection, but also their right to access various alternative dispute resolution mechanisms”.

Evgenia Giakoumopoulou, Head of Operations of the Council of Europe Programme Office in Podgorica welcomed the efforts of Montenegro and of the ADR Centre in ensuring effective implementation of available ADR tools. She also presented the results achieved so far under the joint European Union and Council of Europe programme “Horizontal Facility for the Western Balkans and Turkey 2019-2022”, including the adoption of the Code of Ethics of Mediators and the Methodology for Evaluating Mediators’ Work. “While mediation has already gained a foothold in family disputes resolution, there is a strong need to facilitate its wider use in commercial and other relevant areas. It is equally important to promote the willingness of parties to engage in the process of mediation and to raise their awareness of mediation benefits”, concluded Giakoumopoulou.

 

The conference was organised within the action “Accountability and professionalism of the judicial system in Montenegro”, a part of the joint European Union and Council of Europe programme “Horizontal Facility for the Western Balkans and Turkey 2019-2022”, implemented by the Council of Europe.

Podgorica, Montenegro 3 December 2021
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What is the goal?

  • To further enhance professionalism, accountability and the overall quality of service of the judicial system of Montenegro;
  • To ensure functioning of the Judicial and Prosecutorial Councils, Centre for Training, as well as of the Center for Mediation on Montenegro in line with European best practices and standards;

Focusing on ethics, liability and integrity, the Action will further strengthen, improve or in some cases assist to create the relevant ethical codes and mechanisms for monitoring the compliance among legal professions such as lawyers, bailiffs, notaries and court experts.

Who benefits from the Action?

  • Citizens of Montenegro, who will benefit from modernised judicial administration and institutions, through user-centered approach, as well as professional and ethical judiciary and legal professionals;
  • Judicial Council, Prosecutorial Council, Supreme Court of Montenegro, Office of the Supreme State Prosecutor, Center for Training in Judiciary and State Prosecution Service (JTC), Ministry of Justice of Montenegro, Bar Association, Chamber of Public Bailiffs, Chamber of Notaries, Association of Court Experts, Association of Court Interpreters and Center for Mediation of Montenegro.

How will the Action work?

  • Through capacity building of crucial judicial institutions in Montenegro;
  • Through creation of ethical codes and mechanisms for monitoring the compliance;
  • Through providing expertise to the relevant bodies in Montenegrin justice system;
  • Through promotion of the judiciary, mediation and quality of mediation services and tools for their monitoring and improvement;
  • The Action builds upon the results achieved by the Action “Accountability of the Judicial System” (HF14), implemented in the Horizontal Facility phase I (2016 – 2019)

What do we expect to achieve?

  • Judicial and Prosecutorial Councils, as well as Courts and Prosecutorial offices, improve the financial and administrative management of their institutions and the communication with court users;
  • Judges, prosecutors and other legal professionals improve their application of ethical and disciplinary procedures in line with European standards and best practices;
  • Judges and prosecutors are recruited, promoted and evaluated according to improved standards;
  • Center for Training in Judiciary and State Prosecution Service is efficient, using confidently and applying new approaches and methods to plan, implement, evaluate and improve training programs for judges and prosecutors
  • The Centre for Mediation improves its effectiveness and functioning

How much will it cost?

  • The total budget of the Action is 800.000 EUR
  • The budget allocated to the overall Horizontal Facility programme amounts to ca. 41 Million EUR (85% funded by the European Union, 15% by the Council of Europe).

How to get more information?

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