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Regional trade takes place against the background of trade and civil conflicts between countries that among other things increase costs for businesses and individuals involved in these processes.
A study by the Regional Cooperation Council (RCC) shows that the justice system in Albania offers the highest costs in the region for resolving trade issues with over 3700 euros and 525 days. After Albania is ranked Bosnia with 3313 euros, Kosovo with 2441 euros and Montenegro with over 3550 euros.
To facilitate the resolution of cross-border trade issues, the Regional Cooperation Council is promoting the use of the instrument of mediation (agreements between parties outside the courts). The study shows that mediation instruments are not a common practice in the region, but the cases when they are applied indicate low costs of processes and solutions in a very short time.
The average duration of the mediation procedure in the region is 49 days, starting from 30 days in Albania to 90 days in Kosovo. The average cost of mediation is 566 euros, starting from 237 euros in Montenegro and 1070 euros in Albania.
More and more mediation is being seen as a cost-effective and time-consuming dispute resolution mechanism at almost every level of success rate. Out-of-court mediation is not effective if the success rate is less than 5% with a 95% failure rate.
The results of the regional mediation survey among the main actors show a strong interest in the implementation of out-of-court mediation. Montenegro is an example of how in a Western Balkan economy the use of mediation has increased significantly in a short period of time by adapting and implementing the practice of the “Italian Mediation Model”.
Mediators and mediation centers are already present in all six Balkan economies.
According to the data that resulted from the business opinion in the Balkan Barometer of 2021, 9 out of 10 companies in the economies of the Region have not had any case of mediation. Only a few cases in civil or commercial matters were resolved through mediation.
About 55% of companies considered mediation to be an effective dispute resolution mechanism, and 35% did not comment on whether they would consider mediation even in cross-border dispute resolution cases in civil commercial matters in order to access to justice is simplified and improved.
On the other hand, the establishment and promotion of an institutionalized regional mediation infrastructure can be an example for local public mediation policies and lead to the application of this mechanism on a larger scale.
/abcnews.al
