MEDIATION IN CRIMINAL AND CIVIL CASES IN THE POSITIVE LAW OF THE REPUBLIC OF NORTH MACEDONIA - SITUATION AND CHALLENGES

Abstract

The mediation procedure is one of the forms of peaceful, contractual, and out - of - court settlement of disputes. Mediation belongs to the group of evaluative ways to resolve disputes. As such, it offers many innovative advantages over the state trial. Strengthening mediation will simplify access to justice in terms of reviewing free legal aid, court costs, attorneys' fees, and the costs of enforcing judgments. Precisely because of this, the subject of analysis of this paper are the legal limits within which mediation can be used when solving criminal and civil cases in the positive law of the Republic of North Macedonia. The recommendations aimed at improving the application of mediation in criminal and civil cases are in the direction of advancing the term and bringing it closer to the public and structures where its application lies.