Conference Paper

Mediation, as an alternative dispute resolution (ADR) method, represents the fastest, the most accessible, and the most cost‐effective way of resolving disputes. In the Republic of Macedonia, mediation is regulated by the Law on Mediation. It has been introduced in the Macedonian legal system as a counter‐measure to problems identified in the judiciary, such as the unreasonable length of proceedings and ineffectiveness. The authors of this chapter provide an analysis of the applicable European standards and principles, which have an impact on mediation regulation in the Macedonian legal system. Mediation legislation from Italy, France, Germany and the UK is analyzed in order to learn from their experience in the transposition of the EU cross‐border mediation directive. The scope and effectiveness of the Macedonian Law on Mediation is further analyzed, as well as the transposition of the EU cross‐border mediation directive in the Macedonian legislation. The results of this research show that mediation is not just needed in Macedonia for the sake of ticking a box in the area of legal approximation with the EU; on the contrary, it has great potential in enabling effective, just and less expensive long‐term solutions in legal traffic when certain conditions, such as mediation quality, legal certainty, public confidence and understanding of the process are met. Recommendations are provided regarding the enhancement of the legal infrastructure as well as the manner for the effective implementation of mediation.