MEDIATION IN NORTH MACEDONIA AND THE LEGAL NATURE OF THE MEDIATION

Abstract

Mediation as an alternative mechanism or method of resolving disputes of various natures, with which to the citizens is given the opportunity to avoid long, exhausting, and very expensive court procedures, was actually presented as a response to the inefficient and problematic judiciary systems in many countries in the world, including the Republic of North Macedonia. It is the agreement that the parties manage to materialize at the end of the process of talks and negotiations with the help of the mediator, which in terms of the way it was reached and its character is unique, because it puts an end to all the disputes that the parties have in the moment of the implementation of the procedure, but also regulates the relations between them in the future, which distinguishes it from the court decision brought in a regular court procedure.
In this paper, a special emphasis will be given to the theoretical analysis of the legal nature of the agreement reached between the parties in the mediation procedure initiated as a voluntary procedure, respectively as a procedure instructed by the court.
At the end of the analysis and research, we will easily distinguish the agreements that the parties reach in the mediation procedure initiated as a result of the contentious procedure and the one reached in the mediation procedure initiated regardless of the contentious procedure.