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Mediation in Bosnia and Herzegovina: A Second Application
Austermiller, Steven
Austermiller, Steven
Abstract
A nation born out of mediation turns to mediation again, this time to rescue its judiciary and promote the rule of law. The country known as Bosnia and Herzegovina was created out of U.S. mediation efforts in 1995. Ten years later, the peace has held but a new set of challenges has emerged. The nation now plans to use mediation to improve judicial efficiency, and promote democracy and the rule of law. This article reviews the nation's new mediation laws and their potential impact on the judiciary and society generally. Drawing on his mediation experiences in private practice and his work managing rule of law projects in Bosnia and Herzegovina, the author concludes that the new mediation laws are an excellent start but need to be amended. The author further concludes that if given sufficient time and proper implementation, mediation can improve judicial efficiency and democracy in Bosnia and Herzegovina.