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EXAMPLE from BOSNIA ADR, Legal Framework, CGD

2. Structure. Conflict of LawsObstacles, CircumstancesLegal Framework (for mediation, ADR generally)Example(s). 3. Conflict of Laws. Law on Business Companies (FBiH)Law on Enterprises (RS)Law on Business Companies (Brcko District). 4. Conflict of Laws. Internal ConflictInternational Conflict

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EXAMPLE from BOSNIA ADR, Legal Framework, CGD

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    1. EXAMPLE from BOSNIA ADR, Legal Framework, CG(D) Adnan Novo Lawyer & Mediator

    2. 2 Structure Conflict of Laws Obstacles, Circumstances Legal Framework (for mediation, ADR generally) Example(s)

    3. 3 Conflict of Laws Law on Business Companies (FBiH) Law on Enterprises (RS) Law on Business Companies (Brcko District)

    4. 4 Conflict of Laws Internal Conflict International Conflict Integration into EU will resolve conflicts of laws ADR is solution (?)

    5. 5 Obstacles, Circumstances Socialism War Transition Tradition …

    6. 6 Mediation, Legal Framework 2004 Law on Mediation Procedure 2005 Law on Transfer of Mediation Businesses to Association of Mediators in Bosnia and Herzegovina 2006 By laws Registration of the first mediators Pilot Project

    7. 7 Legal Framework Transfer of Mediation « Businesses into institution of civil sector Principles of LMP: Voluntarily approach Confidentiality Unprejudiality Indepence of Mediator Facilitation

    8. 8 Legal Framework Conditions for Mediation Practice General conditions Faculty degree Passed 7 days cours organized by AM (or some other organization) 350 € registration fee

    9. 9 Legal Framework Agreement achieved in mediation (procedure) is enforcement document (iustus executionis) No binding, confirmation, ratification… Equal with judgement, court’s settlement, final decision of state’s institutions

    10. 10 Legal Framework LMP – Scope of the Law No Scope? Mediation is appropriate for any conflict?

    11. 11 Legal Framework Ius cogens Mandatory rules Can’t negotiate the law Family Law – example

    12. 12 Legal Framework Role of courts Be themself Slow Public Expensive Yes or no judgement Crises of judiacary ECHR (90.000 cases)

    13. 13 Example Broadcoast Company 15 parties 2 parties 3/4 parties

    14. 14 Example 3 parties, 2 companies, 1 physical person Right to brand

    15. 15 Closure Mark of interrogation (??) Period Or Mark of exclamation

    16. !!!

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