Alternative Dispute Resolution and the Albanian Legal Reality

Abstract

Desire and ability to mediate and to solve conflicts through conciliation is a national asset for any country. Every human society shows the development stage of its citizenry inter alia through the self-regulatory mechanisms of disputes arising within its members. History has shown that even within albanian society have been existed such mechanisms which have regulated coexistence for centuries. Further more, the albanian tradition reminds us that the institution of dispute settlement through conciliation is deeply rooted in our lives and in our good habits.In terms of economic development, it is time that this tradition of extrajudicial settlement of disputes to be provided on professional level, affecting more the legal aspects. The state court, which is traditionally known as the place where all conflicts are resolved, should be seen increasingly as an alternative. Besides its, other important alternatives of conflict resolution should be focused by the law, such as mediation and arbitration. Therefore, this article, through the method of interpretative analysis, aims to present an overview of the albanian reality of these alternative legal means, trying to highlight the legal framework as well as the judicial practice. It will attempt to clarify the problematic issues, addressed by the domestic law in this area and the necessity for eventual changes. Implementation of contemporary legal instruments in accordance with the international trend, especially focused on the arbitration institute, will certainly offer a good service to the integration process of the albanian economy.

DOI: 10.5901/mjss.2013.v4n10p146