respect, a great flexibility is necessary for it to be fully embraced by the practitioners of other ADR techniques.It could be said that, in spite of its natural affiliation with various dispute resolution methods, the legalcommunity still shows much more affection for the positional-thinking based dispute resolution toolsthan it shows for the interest-based dispute resolution techniques. It might be useful therefore toexplore in this short write-up some of the issues that are arising in connection with ever-higher level of penetration of mediation in many countries. This author would be glad to look into the situation of various countries situations he is familiar with, but for the purpose of this study it will suffice to look at the practical issues arising in the practice of the country he is most familiar with. Croatia’smediation industry development is a good example as any of the numerous countries going throughsimilar or comparable developments.
II. Mediation system in the Republic of Croatia as a basis for a discussion onpractical issues
In the Republic of Croatia the mediation system was finally set up by adoption of the third MediationAct in 2011 and preceding institutional structure development
. This endeavour to set up a mediationsystem started at the beginning of the millennium with the training of a first batch of mediators under the organizational and financial support of the USA and EU member states
, and rounded out with theadoption of the first Mediation Act in October 2003
. It is interesting and important to note that thefirst Croatian Mediation Centre, the Croatian Chamber of Commerce Mediation Centre was foundedwell before the enactment of the first Mediation Act
. Only a year later, but still just before theenactment of the first Mediation Act, Croatian Mediation Association (Hrvatska udruga za mirenje)was founded.
The Croatian Mediation Association (HUM) was founded as an umbrella organization, having asmembers the large majority of Croatian mediators. The HUM has also acquired the authorization to perform trainings required for mediators’ certification by the Ministry of Justice of the Republic of Croatia. The kernel of the national mediation system was, thus, set up and all the premises for
influence on International Commercial Arbitration may be of academic interest, but it fades in the light of therealisation that, in any event, the lawyers with their entire procedural arsenal have taken over.” He refers also to:Redfern and Hunter, 'Law and Practice of International Commercial Arbitration' (1999, Preface to the 3rd edn),at pp. v-viii; Fali S. Nariman, 'The Spirit of Arbitration, The Tenth Annual Goff Lecture' in 16 ArbitrationInternational (2000), at pp. 261-278; and Bruno Oppetit, 'Théorie de I'arbitrage' Paris 1998), at p. 25 who speaksof the 'déviation processuelle' of arbitration. This is to thank Dr. Branko Vukmir for pointing me to this article.Dr. Branko Vukmir is an ICSID arbitrator.
Act on Mediation, Zakon o mirenju Oficial Gazette nr. 18/2011.
The US provided a USAid funded program conducted through Booz, Allen, Hamilton consultancy and Carr,Falkner, Swanson ADR experts, while the EU countries that were active at various stages are The Netherlands,the United Kingdom, Austria, Slovenia and Germany, in the first place.
Act on Mediation, Zakon o Mirenju Oficial Gazette nr. 117/03. This first Croatian Mediation Act was draftedfollowing the UNCITRAL Model Law on Mediation.
Centar za mirenje Hrvatske gospodarske komore was founded in July 2002. See CZM HGK webpage athttp://www.hgk.hr/o-centru-za-mirenje/In Croatian language, October 10, 2012
Hrvatska udruga za mirenje (HUM) was founded on September 19, 2003 by coming into force of the Rules onMediation (Pravilnik o mirenju, Oficial Gazette nr. 81/2002). See HUM webpage at:http://www.mirenje.hr/index.php/o-nama/openite-informacije.htmland followed by Rules on Mediation(Pravilnik o mirenju, Oficial Gazette nr. 140/2009), In Croatian language. For a summary in English see:http://www.hgk.hr/category/sudovi-pri-hgk/centar-za-mirenje-pri-hgk/ October 10, 2012.