Local Profile

Mediation in Kosovo (*)
The unique situation in Kosovo presents a challenge for mediators. Indeed, minor disputes often escalate to violence very quickly in Kosovo, and cases often involve a large number of people. There is not enough trust toward the political and administrative structures to allow it to be the exclusive arbitrator of justice. Within this difficult environment, mediation seems to be an appropriate and preferred method to solve a wide variety of disputes and to promote stable and permanent solutions. As the mediation organization Partners-Kosova confirms, mediation allows satisfaction for all parties involved in a dispute and the outcomes of the process tend to be more stable. Mediation gives disputants more control over the process, emphasizes the preservation of future relationships and empowers disputing individuals to generate their own solutions.
Currently, there is an insufficient number of trained mediators in Kosovo. Mediation as an alternative dispute resolution mechanism needs further implementation in this region so that it can become part of the development of rule of law in Kosovo.

Mediation law kosovo

Types of disputes for Mediation in Kosovo (*)
Mediation work involves a lot of actors in the process of alternative dispute resolution. Mediators are working with government officials, the judicial system, social service agencies, non-governmental organizations and citizens in all sectors to solve a variety of disputes. The appropriate cases for mediation in Kosovo involve different types of disputes, from family disputes to criminal cases.
The non-governmental organization, Partners-Kosova, the main organization providing mediation services in Kosovo dealt in 2005 with 334 cases through mediation. Of this number, 27,43 % were family disputes, namely divorce, child custody, child visitation rights, domestic violence. 20,75 % concerned community disputes which include neighbourhood issues, community housing, schools, utilities and policing. Property disputes (landlord tenant, ownership and occupancy, construction) represent 19,40 % of the cases. The business disputes which are often cases of bankruptcy, breach of contract, commercial leases, insurance claims, privatization or joint venture attain 10 %. Concerning criminal issues, 21 % are major cases mostly bloodfeud problems between families of the offender and the victim. The percentage of minor criminal cases such as juvenile delinquency, vandalism, traffic and licensing is 1,42 %.

(*) Information taken from a brochure published by Partners-Kosova