The alternative approach to dispute resolution facilitates the field of doing business

Prishtina, February 28 2023 – The American Chamber of Commerce in Kosovo concluded the month of February with a workshop regarding legal processes, namely arbitration and mediation as alternative methods that offer numerous advantages in resolving disputes outside the judicial system and facilitate business activity.

Ilir Gaxha, arbitrator and mediator at the AmCham Arbitration Center elaborated on arbitration and mediation as alternative methods for resolving disputes, which he described as very useful and necessary for all parties involved. He emphasized the advantages that these methods bring such as shorter duration of legal procedures, lower cost, the possibility to choose an impartial arbitrator as well as obtaining a final decision that is recognized by state legal institutions. Further, he added that by solving legal issues through these methods, businesses can continue their activities without being at risk of having their assets frozen or being forcibly closed.

Gaxha also said that during the arbitration procedure, the arbitrator takes the documents and contracts between the parties as a basis, while emphasizing that there are certain rules in place that avoid unfairness or bias. He added that the parties can each choose an arbitrator for representation, who then choose a neutral arbitrator, who can also be contested by the parties if necessary.

Regarding mediation, Gaxha emphasized that as a concept it has existed outside of legal processes as well and is something that happens on a daily basis. He emphasized that the mediator is a neutral third party and cannot impose decisions on the parties. However, according to him, mediation creates the resolution of disputes through genuine conversations between them. He also added that while including the clause allowing mediation as a process in contracts, it should be stipulated that all decisions made by the mediator must be in compliance with the laws of the state.