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1.
The argument for choosing state's judicial system or a "private" outsourced resolution of disputes
Jorg Sladič, 2018, izvirni znanstveni članek

Opis: Terms such as arbitration, mediation, conciliation and alternative dispute resolution (ADR) are nowadays standard terms in any classroom textbook on civil procedure. Legal scholars enumerated and assessed in depth the advantages and disadvantages of any type of outsourced dispute resolution. However, a number of legal writers still fail to enumerate the exact differences in course of events and all of the trade-offs that a party will have when deciding to resolve the dispute using an outsourced dispute resolution. Clearly the costs, the celerity and the flexibility are important issues. However, the decision is not influenced solely by legal arguments. This paper will mention some typical Slovenian issues in an assessment of the choice of dispute resolution. If parties want to continue to remain in good terms after the dispute, then an outsourced dispute resolution is highly recommended. Judicial rulings are to binary; one party wins, one loses.
Ključne besede: alternative dispute resolution, ADR, arbitration, mediation, outsourced mediation, courtconnected mediation, choice of ADR, State as party in litigation and ADR
Objavljeno: 15.01.2021; Ogledov: 87; Prenosov: 42
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2.
Possibilities of mediation in Republic of Serbia in cases of domestic violence
Nataša Mrvić-Petrović, Milan Počuča, 2015, pregledni znanstveni članek

Opis: Purpose: This paper analyses the theoretical, legislative and practical advantages and limitations of mediation as an alternative way of resolving the conflict between perpetrator and victim of domestic violence in Serbia. Starting from the premise that mediation in lighter cases of domestic violence is more preferred form of social reaction from the initiation of criminal proceedings; the authors analyse the legislation of the Republic of Serbia and point out that the mutual incompatibility of laws disables use of mediation in practice. Design/Methods/Approach: Based on acceptability of the concept of restorative justice, this scientific work analyses the advantages and limitations of mediation as an alternative way of resolving the conflict of the offender and the victim in cases of domestic violence. Authors use the comparative method, legal dogmatic method, case study method (examples for court practice in Serbia) and statistical data to examine the hypothesis that mediation may constitute a constructive way of resolving less violent conflicts within the family members and why is not enough applied in practice. Findings: Modern criminal political orientation of the “zero” tolerance of domestic violence, which was adopted in law in practice in Serbia is “blocking” use of mediation, which, in public opinion, is seen as an inadequate response to this crime. Results of the analysis show that the Serbian legislature opted for a punitive response and measures of restraining as most important mechanisms for the prevention of domestic violence. Research Limitations / Implications: These data provide insight into the marginal segment of the formal response to domestic violence in Serbia. Originality/Value: Few studies in Serbia comparing foreign experience and domestic social possibilities for the success of mediation in cases of domestic violence.
Ključne besede: alternative criminal sanction, mediation, domestic violence, Serbia
Objavljeno: 17.04.2020; Ogledov: 274; Prenosov: 14
.pdf Celotno besedilo (381,39 KB)
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3.
Victim-offender mediation and observance of procedural rights in the Macedonian juvenile justice system
Stojanka Mirčeva, Vesna Stefanovska, Bogdancho Gogov, 2015, izvirni znanstveni članek

Opis: Purpose: The paper examines the observance of procedural rights of the parties referred to Victim-Offender Mediation (VOM) in the Justice System for Children (JSC), and particularly pioneering practice associated with challenges pertaining to the multicultural character of the community. Design/Methods/Approach: Analysis is based on qualitative data collected by using in-depth interviews and document analysis. Sources of data were relevant stakeholders in the referral procedure, the Child and the Victim, as well as court/prosecutors files. In-depth interviews were carried out with 17 stakeholders to capture professional attitudes, attached meanings and experience of the respondents in relation to VOM. Document analysis as a data collection technique was applied to two prosecutor’s files and one court file which, at present, are the only cases of VOM in JSC. Findings: The main findings pertain to the indispensable recognition that meanings attributed to VOM in JSC, as well as expectations, vary extensively among respondents. In turn, this situation shapes the procedural rights of the parties in 3 VOM cases. In addition, basic principles of VOM are implemented in line with the perceived significance of procedural rights in VOM cases. Research Limitations / Implications: The findings relate only to respondents’ attitudes and views on VOM as well as data contained in court/prosecutor’s files. In-depth knowledge on the implementation of procedural rights during VOM process is missing due to the impossibility for participatory observation of the joint meetings. Originality/Value: While across Europe much research on balancing VOM principles and fair trial standards has been conducted, no research at all has been carried out in Macedonia in relation to VOM in JSC. This small scale survey is particularly valuable in filling up the existing empirical gap, and findings might be used as a basis for developing system prerequisites for VOM.
Ključne besede: victim-offender mediation, child offenders, victims, Macedonian Justice System for Children
Objavljeno: 16.04.2020; Ogledov: 289; Prenosov: 16
.pdf Celotno besedilo (350,84 KB)
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4.
Crime prevention in Germany: Relevance of community crime prevention and victim-offender mediation
Robi Pozderec, 2018, diplomsko delo

Opis: Crime is an ancient problem, which has always been and will be a trouble for every society. Punishment has been seen as a natural reaction for crime or delinquent behaviour; if it didn’t help to reach the desired outcome, even harsher punishment was inflicted upon the offenders. Even though punishment became harsher throughout the time, it didn’t deter offenders from committing a crime. Over the centuries, crime prevention strategies were based on deterrence theory; this theory relied on perceiving the threat of punishment which is so severe, that it would outweigh any potential profit from committing a crime. In the 21st century, deterrence theory is still the dominant approach to prevent crime. Nevertheless, it was shown that imprisonment is poor strategy for crime prevention. Not only it does not deter offenders from committing a crime, but in some cases, after release from prison, they tend to reoffend because they have a problem with reintegration into society. In addition to not being effective as a strategy for drop in crime rates, incarceration is also very costly sanction. In the past decades, these reasons have led criminologists to put in the foreground alternative ways to imprisonment, which would result in effective crime prevention. Two of such are victim-offender mediation as a method of restorative justice and community crime prevention, where the community is the object of interest which relies on participation of the citizens and tries to recognize potential of crime in the community early on.
Ključne besede: crime prevention, restorative justice, mediation, community, Germany
Objavljeno: 25.10.2018; Ogledov: 739; Prenosov: 45
.pdf Celotno besedilo (648,36 KB)

5.
The argument for choosing state's judicial system or a "private" outsourced resolution of disputes
Jorg Sladič, 2018, izvirni znanstveni članek

Opis: Terms such as arbitration, mediation, conciliation and alternative dispute resolution (ADR) are nowadays standard terms in any classroom textbook on civil procedure. Legal scholars enumerated and assessed in depth the advantages and disadvantages of any type of outsourced dispute resolution. However, a number of legal writers still fail to enumerate the exact differences in course of events and all of the trade-offs that a party will have when deciding to resolve the dispute using an outsourced dispute resolution. Clearly the costs, the celerity and the flexibility are important issues. However, the decision is not influenced solely by legal arguments. This paper will mention some typical Slovenian issues in an assessment of the choice of dispute resolution. If parties want to continue to remain in good terms after the dispute, then an outsourced dispute resolution is highly recommended. Judicial rulings are to binary; one party wins, one loses.
Ključne besede: ADR, arbitration, mediation, outsourced mediation, court- connected mediation, choice of ADR, State as party in litigation and ADR
Objavljeno: 02.08.2018; Ogledov: 524; Prenosov: 59
.pdf Celotno besedilo (669,18 KB)
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6.
Some observations regarding cross-border debt collection in consumer disputes
Christophe Verdure, 2010, izvirni znanstveni članek

Opis: Cross-border debt collection in consumer dispute leads to many difficulties. The main one is the access to justice as consumers are generally not aware of their rights and legal proceedings may be expensive. The major difficulty in order to sue a counterpart based in another Member States is the determination of the competent court. However, this private international law issue is the first step in order to bring a legal action. This action may be disproportionate, on time and value, in comparison with the amount of the debt a consumer wants to recover. As a result, the European Commission has adopted the Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters which aims at facilitating cross-border disputes involving consumers. After recalling the main characteristics of the Directive, author also discusses online mediation, that can also lead to more effective results.
Ključne besede: cross-border debt collection, online mediation, consumer law, alternative litigation proceedings, Directive 2008/52/EC, private international law
Objavljeno: 23.07.2018; Ogledov: 342; Prenosov: 21
.pdf Celotno besedilo (120,61 KB)

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