Alternative Dispute Resolution (ADR), traditionally represented by arbitration, is one of the key elements of judicial reforms across Council of Europe member states. Because of its benefits in terms of judicial efficiency and cost reduction, ADR is being increasingly used in legal systems in Europe. Montenegro is actively following this global trend, including through the adoption of the new and modern Law on Alternative Dispute Resolution in 2020. Still, while mediation has established a foothold in family disputes, there is a need for concerted efforts to facilitate the wider use of mediation in commercial and other relevant areas.

To provide an overview of international ADR instruments and best practices in the framework of judges’ and mediators’ competencies, a two-day interactive online workshop has been designed and delivered to a group of 50 judges and mediators in Montenegro. The workshop consisted of one common module on international ADR standards and on the Italian mediation model, and two practical modules on advanced mediation techniques and mediation referral.

This event, which is the second in a series of workshops for mediators and judges, aimed to provide for better understanding of the substantive components of international mediation, through the presentation of relevant international and Council of Europe ADR standards, and also through the simulation of a mediation case, based on role-play scenario. Five mediators and three judges assumed different roles in this simulated case, representing judicial authorities, the mediator and parties in a dispute. Such practical approach allowed judges and mediators to increase their knowledge on various mediation models and to practice different mediation tactics in resolving a simulated commercial dispute.

The workshop was organised under the action “Accountability and professionalism of the judicial system in Montenegro“ as part of the joint European Union and the Council of Europe programme “Horizontal Facility for the Western Balkans and Turkey 2019 – 2022”.