ZENITH International Journal of Multidisciplinary Research
  • Year: 2016
  • Volume: 6
  • Issue: 6

When is Mediation The Right Dispute Resolution Process

  • Author:
  • Lizabeta Spiroska1, IVAN Bimbilovski2
  • Total Page Count: 11
  • Page Number: 101 to 111

1Teaching Assistant At Faculty of Law, International Relations and Diplomacy, Mit University-Skopje, Republic of Macedonia; STR. Marsal Tito No.6/4, 1000, Skopje, Republic of Macedonia

2Vice-Rector, Associate Professor at, University of St. Paul The Apostle-Ohrid, Republic of Macedonia; Str. Tome Arsovski No.49/1–45, Skopje, Republic of Macedonia

Online published on 23 February, 2017.

Abstract

Mediation is one of the most commonly used alternative dispute resolution methods. As a creative approach it could be analyzed through different aspects. The purpose of this Paper is to analyze the mediation through disputes suitable for mediation for answering the question when is mediation the right dispute resolution process. In the right circumstances, mediation is low cost, short lasting and effective in the same time. And, in principle, the dispute parties should be entitled to settle any dispute by achieving a mutual agreement. This paper is composed of Introduction, three parts and Conclusion. The Paper begins by presenting the general information about the disputes suitable for mediation. The first part analyzes the legal and practice decisions about the disputes suitable for mediation in the countries with civil law legal system. In the second part, legal and practice decisions about the disputes suitable for mediation in the countries with common law system, are analyzed. Third part is about the disputes with the foreign element and their suitability for mediating. The conclusion includes assessments of the analyzed questions and recommendations for the further treatment of the disputes suitable for mediating.

Keywords

alternative dispute resolution, mediation, resolving disputes, suitable for mediation