Mediation in Family Disputes in the Republic of Macedonia

Abstract

In this text, the authors speak about the meaning, the positive aspects
and the need for promotion of mediation in family disputes. In the first
part, they give an explanation on the term mediation by emphasizing
the advantages on mediation compared to litigation procedures which
last much longer, cost a lot of money, and create tensed and hostile
relations among parties concerned. In the article, an overview on the
most important international documents on mediation in family
disputes is given, such as the European Convention for the Exercise of
the Rights of the Child, Convention on Contact Concerning Children
2003.35., Recommendation R (98) 1 on family mediation,
Recommendation 1639 (2003) 1, and the most recent one, the
Directive on Mediation in Civil and Commercial Disputes adopted in
2008.
In the second part of the text, a comparative review is presented, by
giving brief preview of several European countries which have
already developed good practice of mediation in family disputes. In
the final part, the authors pay attention to the current situation
concerning mediation in family disputes in Republic of Macedonia.
Nevertheless, they give a short summary on the existing obstacles in
development on mediation, the lack of awareness between people on
the positive aspects on mediation, the lack of practice among the
mediators. In their final conclusions, the authors suggest what
measures need to be undertaken in order to make the procedures of
mediation preferred manner of resolving family conflicts by the
parties, and to stimulate wider use of mediation in family disputes.