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Monitoring and Evaluation of Mediation Program in Bosnia and Herzegovina and Serbia

This report presents the findings of the monitoring and evaluation of a mediation program in Bosnia and Herzegovina and Serbia. It includes data on the success rate, value of disputes, and average time of mediation hearings. The report also discusses the experiences and opinions of both experimental and control groups.

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Monitoring and Evaluation of Mediation Program in Bosnia and Herzegovina and Serbia

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  1. Monitoring and Evaluation of Mediation program in Bosnia and Herzegovina and SerbiaPresented by: Gordana Alibasic, M&E Analyst IFC PEP SEWashington D.C., April 2006

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

  3. Whole Population Serbia - BG

  4. Whole Population Serbia - BG • Value of dispute (successfully completed) - 3 528 000 Euros • Average time of mediation hearing (min.) – 23 min.

  5. Whole Population Bosnia and Herzegovina Banja Luka Mediation Center

  6. Whole Population BiH – Banja Luka

  7. Whole population BiH – Banja Luka • Value of dispute (successfully completed) - 7 293 734 Euros • Average time of mediation hearing (min.) – 56 min.

  8. 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

  9. Experimental and Control Group – BiH – Banja Luka

  10. Experimental Group – BiH – Banja LukaSigned Agreement and Transfered into a Court Settlement

  11. 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)

  12. Experimental Group – BiH – Banja Luka

  13. Experimental Group - BiH- Banja Luka

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

  15. Experimental Group BiH – Banja Luka

  16. 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.

  17. 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.

  18. 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

  19. Experimental and Control Group – Serbia - Belgrade

  20. Experimental Group – Serbia- BGSigned an Agreement and Transfered into a Court Settlement

  21. How was Obligation Fulfilled and How was it Done?Experimental Group– BGIf no, why not? (some of answers)If it was partially implemented, why was it so? (some of answers)

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

  23. Experimentel Group - Serbia- Belgrade

  24. Control Group – Serbia – BelgradeDid you settle your dispute within court procedure as off today and Court Decision Value

  25. Control Group - Serbia - BelgradeDid you continue to keep business relations with the other party from dispute?

  26. 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

  27. Control Group Sebia - Belgrade

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