Mediation in Montenegro

Quick Facts

• Legal Framework: The Law on Alternative Dispute Resolution has been in implementation since August 2020. The Centre for Alternative Dispute Resolution (CADR) operates under this legal framework. The law provides for m...
• Cultural Approach: The Centre for Alternative Dispute Resolution launched awareness raising initiative 'Through mediation to an agreement - choose an alternative' with EU and Council of Europe support. The campaign aims...
• Typical Costs: Resolution of family disputes and disputes with public authorities is free of charge. In other cases, only the minimum remuneration for the work of the mediator is paid, which the parties bear in equa...

Mediation Research

Legal Framework

The Law on Alternative Dispute Resolution has been in implementation since August 2020. The Centre for Alternative Dispute Resolution (CADR) operates under this legal framework. The law provides for mediation in different types of disputes including family, commercial, property, criminal, small value disputes, individual labour disputes, disputes with insurance companies, and state or local government. Recent amendments to the Law on Alternative Dispute Resolution approved by the Government aim to improve court efficiency.

Court System

The EU and Council of Europe support Montenegrin authorities in increasing mediation practices. Since implementation in August 2020, there has been an increase in mediation proposals preceding litigation and settlement agreements. The law allows but does not require hiring a lawyer in mediation. Mediation helps unburden the judicial system and ensures significant savings for individuals and the state.

Mediator Regulations

Mediators are trained professionals from the pool of lawyers, social workers, psychologists, and professors. Professional standards are maintained through the CADR and legal framework. The mediator's role is to help parties reach agreements acceptable to both sides. Each case is approached in a specific manner requiring mediator commitment to helping reach mutually acceptable agreements.

Cultural Approach

The Centre for Alternative Dispute Resolution launched awareness raising initiative 'Through mediation to an agreement - choose an alternative' with EU and Council of Europe support. The campaign aims to raise public awareness about mediation benefits. Citizens learn how to resolve disputes through mediation to save time, money, and peace without going to court. The number of disputes resolved through mediation is growing significantly every year.

Typical Costs

Resolution of family disputes and disputes with public authorities is free of charge. In other cases, only the minimum remuneration for the work of the mediator is paid, which the parties bear in equal parts unless otherwise agreed. Mediation takes less time and money than court proceedings. The cost structure aims to make mediation accessible while ensuring fair mediator compensation.

States and Regions