The role of the mediator as third part in resolving disputes out of court Cover Image

Roli i të tretit ndërmjetësues në zgjidhjen e konflikteve jashtëgjyqësore
The role of the mediator as third part in resolving disputes out of court

Author(s): Erjona Canaj, Emiliano Aliu
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Family and social welfare, Penal Policy
Published by: Shtëpia botuese “UET Press”
Keywords: mediation; mediator; conflicts resolution; the new mediation law; the family; civil; penal and commercial mediator;

Summary/Abstract: Judicial resolution, which was considered as the only possible form of dispute resolution, in some cases, has given way to some other legal rules for resolving conflicts. One of these is the mediation, an extra judicial activity where the parties try to find a resolution of a dispute through a neutral third person (the mediator) to find a mutually acceptable not contrary to the law. Mediation has always been present in the Albanian society as customary law, religious or positive one, where we find models / examples of many traditional enforcement methods of mediating. The alternative of the mediation still presents interest nowadays in family, civil, commercial and criminal conflicts. A special role in this institute plays the third-mediator; the person elected has the obligation to provide to the parties a transparent mechanism, faster and less costly to resolve disputes between them. The main role of an impartial mediator is to encourage the parties to a constructive discussion on the various components of the dispute, creating optimal conditions for handling and resolving the conflict. The results in these years, although not very satisfactory, however, show an increasing process and a further consolidation of the Institute. The aim of this paper is the study of the role, the function and the methodology of the mediator, the evolution of this institute in our country, as well as the treatment of the third neutral party in resolving conflicts with new and modern methods. On the other hand, this paper seeks to bring attention to a new and modern alternative of employment, because in the role of intermediaries may find themselves even young people who have completed programs of the first cycle, after having reached the age of 25 years, as an opportunity to exercise a free profession: mediator.

  • Issue Year: 2014
  • Issue No: 13
  • Page Range: 99-112
  • Page Count: 14
  • Language: Albanian