Mediation’s role solving conflicts in corrupted judiciary systems

Abstract

Mediation in conflict resolution constitutes a new trend in restorative justice. Mediator’s procedures are “sanctioned” since Antiquity and later in the years 1999, 2003 and 2011. However, only after the first licensing of mediators and the Creation of National Chamber of Mediators in Albania we can seriously talk about the beginnings of the institutionalization of mediation. Why Albanian State and USAID and JUST program are investing in mediation conflict-resolutions? The main reason is because Albanian Judiciary System is estimated, perceived as extremely corrupted. Mediation is extremely important in corrupted judiciary systems as arrives to resolve conflicts satisfactorily for conflicting parties, it takes less time and less financial costs. It looks like mediation solving conflicts gives to the conflicting parties what the corruption denies. This paper will analyze the role of mediators in the resolution of conflicts, the need to bring qualitative changes in the practices of conflict resolution, the big challenge of establishing trust and everything connected with a biased process. The paper will be described by some questions and above all the question mark is if it possible to extend the mediation procedures in all conflict resolution? What is public impact of mediation? Is it possible to have corrupted mediation as corrupted as judiciary system? What is the solution if it happens? Some findings and conclusion will be the last session of the paper bringing us a clear picture of what the mediation should be.

DOI: 10.5901/mjss.2014.v5n22p12