DOC. DR. JOVANA PUŠAC PARTICIPATED IN THE ROUND TABLE OF THE HCJ: STRATEGIC IMPROVEMENT OF ALTERNATIVE DISPUTE RESOLUTION

At the meeting of the High Judicial and Prosecutorial Council (HJSC) of BiH and the Delegation of the European Union in BiH at the end of April, representatives of relevant ministries of justice, as well as the business and academic community were invited to actively participate in the process of building a more modern legislative framework for alternative dispute resolution. Jovana Pušac, assistant professor at the Faculty of Legal Sciences of the Pan-European University Apeiron, also participated in the meeting, at the invitation of the HJPC, considering her academic title, as well as her legal profession.

The Supreme Court of Justice stated that the system of alternative dispute resolution (ARS) in BiH includes arbitration and mediation procedures, as well as court settlement, and aims to resolve disputes faster and more economically. The application of these methods would lead to a significant reduction of pending cases before the courts. Namely, almost the largest number of pending cases are communal cases, cases from contractual relations and compensation for damages, and it is precisely these that are extremely suitable for the application of ARS".

It is emphasized that unfortunately, none of the ARS methods have fully taken root in BiH, nor is there a positive trend in their use despite the significant efforts of the HJPC of BiH and the DEU in BiH.

The creation of conditions for a more efficient ARS system is possible, primarily, through legislative changes, systemic improvement of the capacity of institutions/organizations and professionals who provide various types of ARS services, and raising the awareness of citizens and business entities about the advantages of ARS compared to regular court decision-making.

Asst. Dr. Jovana Pušac emphasized at the meeting that raising the awareness of citizens and the business community, among other things, starts at law schools, where it is necessary to pay more attention to cases in the area of ​​ARS, especially arbitration.

May 3, 2022

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