Monitoring and Evaluation of Mediation program in Bosnia and Herzegovina and Serbia Presented by:Gordana Alibasic, M&E Analyst IFC PEP SE Washington D.C.,

Monitoring and Evaluation of Monitoring and Evaluation of Mediation program in Bosnia Mediation program in Bosnia and Herzegovina and Serbiaand Herzegovina and Serbia

Presented by: Gordana Alibasic, M&E Analyst IFC PEP SE

Washington D.C., April 2006

Whole Population Serbia, BG; % Whole Population Serbia, BG; % of Completed/Refused of Completed/Refused MediationsMediations

Percentage of Completed/Refused Mediations - BG

1387 Disputes

898 Disputes

2499 Disputes

214 Disputes

35.9%

55.5%8.6%0

500

1000

1500

2000

2500Reffered to mediation

Completed mediation

Refused Mediation

In process

Whole Population Serbia - BGWhole Population Serbia - BG

Mediation completedsuccessfully

Mediation completedunsuccessfully

1245 Disputes

90%

142 Disputes

10%

0

200

400

600

800

1000

1200

Ratio of Successefully Completed Mediations vs. Unsuccessfully - BG

Mediation completed successfully Mediation completed unsuccessfully

Whole Population Serbia - BGWhole Population Serbia - BG

Value of dispute (successfully completed) - 3 528 000 EurosAverage time of mediation hearing (min.) – 23 min.

Whole Population Bosnia and Whole Population Bosnia and Herzegovina Banja Luka Mediation Herzegovina Banja Luka Mediation CenterCenter

2089

548 26%

378 69%

227 60%

135 36%

16 4%

0 300 600 900 1200 1500 1800 2100

Reffered to Mediation

Scheduled Mediation

Completed Mediation

Completed Successfully

Completed Unsuccessfully

In Process

Reffered, Scheduled, Completed Mediation - Completed Successfully and Unsuccessfully - BL

Percentage 26% 69% 60% 36% 4%

Number of Mediations 2089 548 378 227 135 16

Reffered to Mediation

Scheduled Mediation

Completed Mediation

Completed Successfully

Completed Unsuccessf

In Process

Whole Population BiH – Banja Whole Population BiH – Banja LukaLuka

Type of the Disputes with Fully Agrement - BL

Commercial, 27%

Family Relations, 1%

Labor Affairs, 70%

Other, 2%

Whole population BiH – Banja Whole population BiH – Banja LukaLuka

Value of dispute (successfully completed) - 7 293 734 EurosAverage time of mediation hearing (min.) – 56 min.

Experimental and Control Group – Experimental and Control Group – Bosnia and Herzagovina – Banja LukaBosnia and Herzagovina – Banja Luka

Experimental Group Sample:• 99 clients• 9 Judges who selected cases for

mediation• 6 Mediators Control Group Sample:• 70 clients

Experimental and Control Group Experimental and Control Group – BiH – Banja Luka– BiH – Banja Luka

85%

6% 4% 5%

46%

30%

1%

23%

0%

20%

40%

60%

80%

100%

When was the Case Brought for the First Time?Experimental and Control Group - BL

Pool of Answ ers: 99/70

1-3 years ago 85% 46%

3-5 years ago 6% 30%

Less than a year ago 4% 1%

Not selected 5% 23%

EG CG

Experimental Group – BiH – Banja LukaExperimental Group – BiH – Banja LukaSigned Agreement and Transfered into a Court Signed Agreement and Transfered into a Court SettlementSettlement

89%

11%

97%

3%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Signed an Agreement and Transfered into a Court SettlementExperimental Group - BL

Pool of Answ ers: 99

Yes 89% 97%

No 11% 3%

Signed an agreement? Transferred into a court

settlement?

Experimental Group Bosnia and Herzegovina – Banja Luka Experimental Group Bosnia and Herzegovina – Banja Luka How was Obligation Fulfilled and How was it Done?How was Obligation Fulfilled and How was it Done?If no, why not? (some of answers)If no, why not? (some of answers)If it was partially implemented, why was it so? (some of answers)If it was partially implemented, why was it so? (some of answers)

We will definitely start doing that according to agreement dated on December 01, 2005.

Because of oral agreement immediately after agreement.

Difficult financial situation in the company.

Shortage of financial means.

Obligations are partly fulfilled because we were late.

Shortage of financial means.     

Currently, the company has no financial means to meet obligation.

The account of the defendant company is blocked, so obligations are not fulfilled.

The agreement is partially implemented because of special conditions, the company is in process of privatization.

Partial payments agreed.

67%

20%

13%

74%

26%

0%

0% 10% 20% 30% 40% 50% 60% 70% 80%

Yes, partially

Yes, fully

No

With delay

Voluntarily

Enforced

How was Obligation Fulfilled and How was it Done?Experimental Group - BL

Pool of Answ ers: 99

Was the obligation fulfilled? Was it done?

Experimental Group – BiH – Banja LukaExperimental Group – BiH – Banja Luka

72%

8%

20%

0%

10%

20%

30%

40%

50%

60%

70%

80%

For What Purpose did Plaintiffs Earmark the FoundsExperimental Group - BL

Pool of Answ ers: 99

Meeting the currentliabilities(procurement ofworking capital,loanrepayement,salaries,etc.)

72%

Developmentactivities(Investment,equipment,research, etc.)

8%

Others 20%

1

Experimental Group - BiH- Banja LukaExperimental Group - BiH- Banja Luka

7%

16%

58%

19%

40%

20% 20% 20%

0%

56%

44%

0%

8%

21%

54%

17%

0%

10%

20%

30%

40%

50%

60%

Clients Mediators Judge Total Average

Biggest Obstacle for an Efficient Mediation ProcedureExperimental Group - BL

Pool of Answ ers: 99/6/9

Confidentiality Execution of judgments/agreements

General acceptance of mediation Other

Do You Have Increased Trust in the Legal System ?Do You Have Increased Trust in the Legal System ?Experimentel Group - BLExperimentel Group - BL

Do You Have Increased Trust in the Legal System ?Experimentel Group - BL

Pool of Answ ers: 99

Yes93%

Not sure4%

No3%

Experimental Group BiH – Banja LukaExperimental Group BiH – Banja Luka

Do You Think Mediation Can Improve The Efficiency of The Court System?

Pool of Answ ers:99

99%

1%

0% 20% 40% 60% 80% 100% 120%

Yes

No

Why you decided not to use Why you decided not to use mediation? Other - Some Comments mediation? Other - Some Comments (Control Group BL)(Control Group BL)

Expertise was needed. The debtor did not pay the loan back in large amount. When

we published that in newspapers he instituted proceeding for libel. Both complaints are resolved within extra-judicial compromise.

We tried to negotiate several times but defendant didn't accept the whole amount. The same was at the last trial.

We had a couple of meetings with defendant before instituting the proceeding but with no success.

The reason is that in this particular case there is city assembly decision.

We do not have experience in mediation as a way to solve dispute.

The defendant is not solvent for a long time. We accepted mediation but the other side probably did not

accept.

If you feel that mediation process was inappropriate If you feel that mediation process was inappropriate for your dispute settlement please provide reasons for your dispute settlement please provide reasons why?why?Comments (Control Group BL)Comments (Control Group BL)

I did not have any case in my practice that is solved by mediation. Expertise (economical and medical) was needed. According our opinion the whole complaint was groundless. The reason why we did not accept the mediation is because the

defendant was not fair not because mediation itself. Complex dispute. We had a couple of meetings with defendant before instituting the

proceeding but with no success. We did not have trust in the other party. Mediation was possible but mediation has not been accepted yet as a

more reliable way to solve dispute. The plaintiff believes he is right. The other party is in the bankruptcy process.

Experimental and Control Group Experimental and Control Group Serbia – Belgrade Second Municipal Serbia – Belgrade Second Municipal CourtCourt

Experimental Group:• 1118 Clients• 9 Mediators• 8 Judges who select cases for

mediationControl Group:• 57 Clients

Experimental and Control Group Experimental and Control Group – Serbia - Belgrade– Serbia - Belgrade

32%

0.1%

67%

1%

54%

26%

5%

14%

0%

10%

20%

30%

40%

50%

60%

70%

When was the Case Brought for the First Time?Experimental and Control Group - BG

Pool of Answ ers: 1171/57

1-3 years ago 32% 54%

3-5 years ago 0.1% 26%

Less than a year ago 67% 5%

Not selected 1% 14%

EG CG

Experimental Group – Serbia- BGExperimental Group – Serbia- BGSigned an Agreement and Transfered into a Court Signed an Agreement and Transfered into a Court SettlementSettlement

99%

100%

0%

50%

100%

Did the mediation process result in signing an agreement and was the obligation transferred into a court settlement?

Experimental Group BGPool of Answ ers:1185

Transferred Into a CourtSattlement

100%

Signed an Agreement 99%

Yes

How was Obligation Fulfilled and How was it Done?How was Obligation Fulfilled and How was it Done?Experimental Group– BGExperimental Group– BGIf no, why not? (some of answers)If no, why not? (some of answers)If it was partially implemented, why was it so? (some of answers)If it was partially implemented, why was it so? (some of answers)

We are waiting for building the apartment which is compensation for debt according to agreement reached in mediation.

The company agreed to pay its debt to the employees but hasn't had funds yet.

Defendant is not liquid and that is why can not pay the liabilities.

The liabilities will be fulfilled at the end of privatization and restructuring procedures.

Partially payment of debt.

Anything is better than nothing and enforced.

There is one installment remaining to be paid.    

The reason is difficult situation in the company.

Mediation was settled by releasing tensions for the interest of both parties.

No, 98.6%Yes, fully, 1.1%

Yes, partially, 0.3%

Enforced, 7% Voluntarily, 87%

With delay, 7%

0% 20% 40% 60% 80% 100%

Was the obligation fulfilled and if yes, was it done?Experimental Group BGPool of Answ ers:1174/15

No Yes, fully Yes, partially Enforced Voluntarily With delay

Experimental Group Serbia– BelgradeExperimental Group Serbia– Belgrade Biggest Obstacle for an Efficient Mediation Biggest Obstacle for an Efficient Mediation ProcedureProcedure

21%

47%

32%

100%

16%

17%

67%

20%

47%

32%

0%

20%

40%

60%

80%

100%

As you see it, what is the biggest obstacle to an efficient mediation procedure?Experimental Group BG

Pool of Answ ers:1198

General acceptance of mediation 32% 100% 67% 32%

Execution of judgments/agreements 47% 17% 47%

Confidentiality 21% 16% 20%

Clients Mediators Judge Total Average

Experimentel Group - Serbia- Belgrade

99% 100%

0%

100%

Clients Judge

Do you think mediation can improve the efficiency of the court system?Experimental Group BG

Pool of Answ ers: FY05 - 1185/8

By participating in mediation, do you have increased trust in the legal system?

Experimental Group BGPool of Answ ers:1184

92%

0.4%0.4%0%

20%

40%

60%

80%

100%

Increased trust inthe legal system

92% 0.4% 0.4%

Yes Not sure No

Control Group – Serbia – BelgradeControl Group – Serbia – BelgradeDid you settle your dispute within court procedure Did you settle your dispute within court procedure as off today and Court Decision Valueas off today and Court Decision Value

54.39%

45.61%

24.56%

22.81%

52.63%

0%

50%

100%

Did you settle your dispute within court procedure as off today and Court Decision Value

Pool of Answ ers:57

Not selected 52.63%

Same as claime value 22.81%

Less than claime value 24.56%

Yes 45.61%

No 54.39%

Did you settle your dispute?

Court decision value

Control Group - Serbia - BelgradeControl Group - Serbia - BelgradeDid you continue to keep business relations Did you continue to keep business relations with the other party from dispute?with the other party from dispute?

Did you continue to keep business relations with the other party from dispute?

Pool of Answ ers:57

57.89%

7.02%

1.75%33.33%

Not selected We are ready to continue

We continued business relations We do not like to continue

Control Group Serbia - BG Control Group Serbia - BG Why you decided not to use mediation? Other Some Why you decided not to use mediation? Other Some CommentsComments

Unrealistic plaintiff's requests.Disputants, that did not acecept verdict, reconmended mediation. The defendant did not want to resolve dispute trough mediation.It is the first time we heard about mediation

Control Group Sebia - BelgradeControl Group Sebia - Belgrade

Did you have interest to solve dispute faster?Pool of Answ ers:57

Yes93%

No7%

Would you consider using mediation now?Pool of Answ ers:57

No, 3%

Maybe, 16%

Yes, 81%