Monitoring and Evaluation of Mediation program in Bosnia and Herzegovina and Serbia Presented by: Gordana Alibasic, M

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Monitoring and Evaluation of Mediation program in
Bosnia and Herzegovina and Serbia Presented by
Gordana Alibasic, ME Analyst IFC PEP
SEWashington D.C., April 2006
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Whole Population Serbia, BG of
Completed/Refused Mediations
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Whole Population Serbia - BG
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Whole Population Serbia - BG

• Value of dispute (successfully completed) - 3 528
  000 Euros
• Average time of mediation hearing (min.) 23 min.

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Whole Population Bosnia and Herzegovina Banja
Luka Mediation Center
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Whole Population BiH Banja Luka
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Whole population BiH Banja Luka

• Value of dispute (successfully completed) - 7 293
  734 Euros
• Average time of mediation hearing (min.) 56
  min.

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Experimental and Control Group Bosnia and
Herzagovina Banja Luka

• Experimental Group Sample
• 99 clients
• 9 Judges who selected cases for mediation
• 6 Mediators
• Control Group Sample
• 70 clients

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Experimental and Control Group BiH Banja Luka
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Experimental Group BiH Banja LukaSigned
Agreement and Transfered into a Court Settlement
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Experimental Group Bosnia and Herzegovina Banja
Luka How was Obligation Fulfilled and How was it
Done?If no, why not? (some of answers)If it was
partially implemented, why was it so? (some of
answers)
We will definitely start doing that according to agreement dated on December 01, 2005. Because of oral agreement immediately after agreement. Difficult financial situation in the company.
Shortage of financial means.
Obligations are partly fulfilled because we were late.
Shortage of financial means.
Currently, the company has no financial means to meet obligation.
The account of the defendant company is blocked, so obligations are not fulfilled.
The agreement is partially implemented because of special conditions, the company is in process of privatization.
Partial payments agreed.
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Experimental Group BiH Banja Luka
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Experimental Group - BiH- Banja Luka
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Do You Have Increased Trust in the Legal System
?Experimentel Group - BL
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Experimental Group BiH Banja Luka
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Why you decided not to use mediation? Other -
Some Comments (Control Group BL)

• Expertise was needed.
• The debtor did not pay the loan back in large
  amount. When we published that in newspapers he
  instituted proceeding for libel. Both complaints
  are resolved within extra-judicial compromise.
• We tried to negotiate several times but defendant
  didn't accept the whole amount. The same was at
  the last trial.
• We had a couple of meetings with defendant before
  instituting the proceeding but with no success.
• The reason is that in this particular case there
  is city assembly decision.
• We do not have experience in mediation as a way
  to solve dispute.
• The defendant is not solvent for a long time.
• We accepted mediation but the other side probably
  did not accept.

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If you feel that mediation process was
inappropriate for your dispute settlement please
provide reasons why?Comments (Control Group BL)

• I did not have any case in my practice that is
  solved by mediation.
• Expertise (economical and medical) was needed.
• According our opinion the whole complaint was
  groundless.
• The reason why we did not accept the mediation is
  because the defendant was not fair not because
  mediation itself.
• Complex dispute.
• We had a couple of meetings with defendant before
  instituting the proceeding but with no success.
• We did not have trust in the other party.
• Mediation was possible but mediation has not been
  accepted yet as a more reliable way to solve
  dispute.
• The plaintiff believes he is right.
• The other party is in the bankruptcy process.

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Experimental and Control Group Serbia Belgrade
Second Municipal Court

• Experimental Group
• 1118 Clients
• 9 Mediators
• 8 Judges who select cases for mediation
• Control Group
• 57 Clients

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Experimental and Control Group Serbia - Belgrade
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Experimental Group Serbia- BGSigned an
Agreement and Transfered into a Court Settlement
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How was Obligation Fulfilled and How was it
Done?Experimental Group BGIf no, why not?
(some of answers)If it was partially
implemented, why was it so? (some of answers)
We are waiting for building the apartment which is compensation for debt according to agreement reached in mediation. The company agreed to pay its debt to the employees but hasn't had funds yet. Defendant is not liquid and that is why can not pay the liabilities. The liabilities will be fulfilled at the end of privatization and restructuring procedures.
Partially payment of debt.
Anything is better than nothing and enforced.
There is one installment remaining to be paid.
The reason is difficult situation in the company.
Mediation was settled by releasing tensions for the interest of both parties.
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Experimental Group Serbia Belgrade Biggest
Obstacle for an Efficient Mediation Procedure
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Experimentel Group - Serbia- Belgrade
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Control Group Serbia BelgradeDid you settle
your dispute within court procedure as off today
and Court Decision Value
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Control Group - Serbia - BelgradeDid you
continue to keep business relations with the
other party from dispute?
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Control Group Serbia - BG Why you decided not to
use mediation? Other Some Comments

• Unrealistic plaintiff's requests.
• Disputants, that did not acecept verdict,
  reconmended mediation.
• The defendant did not want to resolve dispute
  trough mediation.
• It is the first time we heard about mediation

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Control Group Sebia - Belgrade