Implementation of Mediation Agreements in the Albanian and International Judicial System

Abstract

The role and importance of the institution of mediation is continuously increasing, as parties increasingly tend to avoid lengthy court disputes in order to reach a mutually favorable resolution more efficiently. Mediation, as an alternative form of dispute resolution (ADR), has been consolidated as a functional mechanism in addressing conflicts, particularly in judicial systems burdened with backlogged cases, delays in the implementation of judicial procedures, and high litigation costs that often impose significant financial strain. Formalized mediation agreements constitute a key element in ensuring the effectiveness of this process, where the guarantee of their binding force strengthens both the functionality and the credibility of this institution. This thesis examines the role and significance of mediation within the framework of legal theories and various international practices. A comparative structure of analysis will be developed between the legislation of Kosovo, Albania, and other jurisdictions, with particular emphasis on the European Union. The methodology that has been applied in this research is based on a comparative and qualitative approach, incorporating the analysis of national and international legislation, official documents, and the interpretation of best judicial practices. The study also includes an examination of the principles regulating mediation in Albania and Kosovo, reports on mediation from domestic and international institutions such as the Ministry of Justice, the Kosovo Judicial Council, and other relevant organizations. Furthermore, the analysis of relevant case law, comparison with practices in other jurisdictions, and emphasis on the role of judicial assistance in the resolution of mediated disputes will be provided. Both primary and secondary sources of data will be analyzed, alongside the interpretation of mediation practices, with a particular focus on strengthening the role and significance of mediation as well as providing practical recommendations for stakeholders. The findings and recommendations aim to contribute to the consolidation of mediation as an efficient and reliable institution for conflict resolution, in line with the best domestic and international standards and practices.