“Benefits of Alternative Dispute Resolution” Seminar
Sarajevo, 28 November 2019
University of Sarajevo Faculty of Law Session Hall, II floor
Alternative dispute resolution, including different dispute resolution procedures (e.g. arbitration, dispute settlement, mediation, mediation, mediation, negotiation, family mediation) has significant advantages over litigation. This is especially noticeable in comparison to lengthy and expensive court proceedings. In the 1980s, the use of private arbitration, mediation and other forms of alternative dispute resolution in the business environment became widespread, which corresponded to the then circumstances, which equated to a “rapid increase in the number of private companies offering dispute resolution services.” Over time alternative dispute resolution begins to be used outside the business sector, and is affirmed in family, civil, criminal and labor law cases, but also in other areas of interpersonal relations and disputes, for example, in the field of intellectual property rights. The reasons for introducing and expanding alternative dispute resolution are numerous, in particular: courts overburdening, their inefficiency, length of court proceedings, high costs for participants, weaker protection of fundamental rights and freedoms, especially the right to due process, etc. Alternative dispute resolution is widespread today in many legal systems, and is showing good results in practical application.
Unlike other countries, in Bosnia and Herzegovina, preferential litigation is preferred over regular litigation, which is in practice the most common way of resolving disputed relationships, thus undermining the social importance of alternative dispute resolution methods, their strategic planning, study and development.
The aforesaid is the aim of the seminar to familiarize the expert public with the undertaken researching of the alternative dispute resolution models with the BH legal system.