EXAMPLE from BOSNIA ADR, Legal Framework, CG(D) Adnan Novo Lawyer & Mediator

2 Structure 1. Conflict of Laws 2. Obstacles, Circumstances 3. Legal Framework (for mediation, ADR generally) 4. Example(s)

3 Conflict of Laws 1. Law on Business Companies (FBiH) 2. Law on Enterprises (RS) 3. Law on Business Companies (Brcko District)

4 Conflict of Laws Internal Conflict International Conflict Integration into EU will resolve conflicts of laws ADR is solution (?)

5 Obstacles, Circumstances 1. Socialism 2. War 3. Transition 4. Tradition 5. …

6 Mediation, Legal Framework 2004 Law on Mediation Procedure 2005 Law on Transfer of Mediation Businesses to Association of Mediators in Bosnia and Herzegovina 2006 By laws Registration of the first mediators Pilot Project

7 Legal Framework Transfer of Mediation « Businesses into institution of civil sector Principles of LMP: –Voluntarily approach –Confidentiality –Unprejudiality –Indepence of Mediator –Facilitation

8 Legal Framework Conditions for Mediation Practice –General conditions –Faculty degree –Passed 7 days cours organized by AM (or some other organization) –350 € registration fee

9 Legal Framework Agreement achieved in mediation (procedure) is enforcement document (iustus executionis) No binding, confirmation, ratification… Equal with judgement, court’s settlement, final decision of state’s institutions

10 Legal Framework LMP – Scope of the Law No Scope? Mediation is appropriate for any conflict?

11 Legal Framework Ius cogens Mandatory rules Can’t negotiate the law Family Law – example

12 Legal Framework Role of courts –Be themself 1.Slow 2.Public 3.Expensive 4.Yes or no judgement Crises of judiacary ECHR ( cases)

13 Example Broadcoast Company 15 parties 2 parties 3/4 parties

14 Example 3 parties, 2 companies, 1 physical person Right to brand

15 Closure Mark of interrogation (??) Period Or Mark of exclamation

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