Evolution and Impact of Mediation in Albania

• Pages: 27-32

27

Balkan Journal of Interdisciplinary Research

IIPCCL Publishing, Graz-Austria

ISSN 2410-759X

Acces online at www.iipccl.org

Vol. 7 No.1

May, 2021

Evolution and Impact of Mediation in Albania

Eni Çobani (Shehu)

Mediator & Lawyer

Abstract

This paper analyzes the evolution and impact of mediation process and the newly implemented

Law for Mediation in Albania. Research, in close cooperation with the main regulatory institution

in Albania the National Chamber of Mediators, of dierent annual registers, progress reports and

statistics is the main method used. Through understanding the full scope of the motivations

behind the implementation of mediation in Albanian legislation we move on to the analysis

of the eects that mediation has had on the judiciary system in Albania. As a conclusion this

study oers methods of further development of the eld of mediation and predictions based

on hard-facts and professional experiences from one of the most active mediators in Albania.

Keywords: Mediation, court, problem, law, methods, evolution, impact, justice, system,

legislation.

Introduction

As a relatively new concept in the judiciary scene in Albania, mediation has gone

through a tough but motivating path of development. In this article, we try to get an

overview of the development and evolution of the mediation procedure in Albania by

analyzing the history of the legal origins and improvements. Through understanding

the full scope of the motivations behind the implementation of mediation in Albanian

legislation we move on to the analysis of the eects that mediation has had on the

judiciary system in Albania. Research, on actual statistics from the annual registers

of mediation cases, is used to try and nd paerns that will help on discovering,

both for the good and the bad, how the evolutive curve of mediation has been in

relation to the traditional judiciary system in Albania. It is worth mentioning that

this research has been supported by the National Chamber of Mediators (from now

referred to as NCM), with the help of the head of the institution Ms Drita Avdyli.

Evolution of the mediation processes in Albania during 2011-2021

As described by the updated and integrated Law for Mediation in the Republic of

Albania(2011) - art.11 and also the Directive 2008/52/EC of the European Parliament

and of the Council of 21 May 2008 on “certain aspects of mediation in civil and

commercial maers’’ - art. 32, mediation is the process where two parties in dispute or

conict between each other, with their own full consciousness and voluntarily, choose

a third party, in our case called the ‘mediator’, to try and reach an agreement within

the legal framework of the respective community/state. As most of our legislation is

adapted from the European Union legal framework - the laer has given full space to

1 Ligj nr.10 385, datë 24.2.2011 Për ndërmjetësimin në zgjidhjen e mosmarrëveshjeve, 2018.

2 European Parliament, Council of the European Union, 2008.