FAMILY MEDIATION AND ITS EFFECTIVNESS: EMPIRICAL STUDY ON EXPERTS’ PERCEPTION IN ALBANIA

Abstract

Family Mediation, as an Alternative Dispute Resolution (ADR) instrument, is recommended by international academics and experts as a crucial means for effective dispute resolution. Empirical studies have reported legal, financial, and co-parenting challenges, especially cross–border ones, considering migration challenges. A recent European Union study concluded that the Mediation Directive's aims were fulfilled only in countries that introduced mandatory mediation. In emerging and consolidating democracies - like those in the Western Balkans, where the judiciary is facing efficiency challenges - the use of ADR (including family mediation) is even more significant, reducing the case backlog in courts. 

Given the premises, this study aims to investigate the effectiveness of family mediation, specifically its applicability, effectiveness, quality, costs, and the opportunity to introduce its mandatory use in Albania. The methodology used in this paper is a mixed one, using qualitative and quantitative methods. For the empirical study, 50 Albanian experts (mediators, judges, academics) and persons involved in mediation are asked to complete a structured and specific survey form. The survey's structure is based on the Experiment Design Theory, and the technology used to collect and analyze the data is called Mind Genomics. It provides numerous results, allowing for a comprehensive analysis of the issue under investigation. This study provides a rare example of using quantitative research methods in the field of law.