Mandatory Initial Mediation Session: Evaluating the Effects of Compulsion in Dispute Resolution—The Case of North Macedonia
摘要
Since the adoption of the first Law on Mediation in 2006 until today, various regulatory measures have been undertaken for the promotion and stimulation of mediation in North Macedonia. The mediation model has undergone multiple changes given that the practical experience has consistently indicated that the results of its application are minor. Amendments to the Civil Procedure Act from 2015 introduced a mandatory initial mediation session in commercial disputes up to a certain value as a promising solution in the context of its further promotion. The reasons for this legislative solution were quite poorly explained. The absence of specific indicators for the need of a mandatory initial mediation session in commercial disputes mobilized resistance among many business entities but also among the members of the legal profession. A small number of comparative experiences from EU countries, as well as the initial organizational problems with its implementation in our country, have raised doubts about the perspective of this solution. It seems that several years after the introduction of a certain extent of compulsion in the system of dispute resolution regarding particular commercial disputes is quite a solid time to assess the success of this solution so far, but also to estimate whether such a solution has a long-term potential of reviving mediation in our country and creating a culture of using mediation on a purely voluntary basis.