Monitoring and Evaluation of Mediation program in Bosnia and Herzegovina and Serbia Presented by:Gordana Alibasic, M&E Analyst IFC PEP SE Washington D.C.,

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Presentation transcript:

Monitoring and Evaluation of Mediation program in Bosnia and Herzegovina and Serbia Presented by:Gordana Alibasic, M&E Analyst IFC PEP SE Washington D.C., April 2006

Whole Population Serbia, BG; % of Completed/Refused Mediations

Whole Population Serbia - BG

Value of dispute (successfully completed) Euros Average time of mediation hearing (min.) – 23 min.

Whole Population Bosnia and Herzegovina Banja Luka Mediation Center

Whole Population BiH – Banja Luka

Whole population BiH – Banja Luka Value of dispute (successfully completed) Euros Average time of mediation hearing (min.) – 56 min.

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

Experimental and Control Group – BiH – Banja Luka

Experimental Group – BiH – Banja Luka Signed Agreement and Transfered into a Court Settlement

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, 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.

Experimental Group – BiH – Banja Luka

Experimental Group - BiH- Banja Luka

Do You Have Increased Trust in the Legal System ? Experimentel Group - BL

Experimental Group BiH – Banja Luka

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.

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.

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

Experimental and Control Group – Serbia - Belgrade

Experimental Group – Serbia- BG Signed an Agreement and Transfered into a Court Settlement

How was Obligation Fulfilled and How was it Done? Experimental Group– BG If 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.

Experimental Group Serbia– Belgrade Biggest Obstacle for an Efficient Mediation Procedure

Experimentel Group - Serbia- Belgrade

Control Group – Serbia – Belgrade Did you settle your dispute within court procedure as off today and Court Decision Value

Control Group - Serbia - Belgrade Did you continue to keep business relations with the other party from dispute?

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

Control Group Sebia - Belgrade