Bosnia and Herzegovina (BiH)

 

Summary

 

Since its initial involvement in BiH in 1998, CICR has:

 

  • Provided basic conflict resolution skills to over 800 lawyers, judges, teachers, social workers, NGOs and others who daily have to resolve conflicts;

  • Provided advance mediation training to 130 people;

  • Trained and certified 15 conflict resolution trainers;

  • Developed procedures for and advised on the implementation of court-referred mediation pilot projects in Banja Luka and Sarajevo.

Outcomes from CICRs work have included:

 

  • The development and passage of a new Law on Mediation Procedures;

  • The establishment of the Association of Mediators of BiH, which is named in the new Law as the official body responsible for mediation training, standards and certification;

  • The start of an NGO, ‘Initiative M’, by 15 of the 17 trainees who participated in the first training held in Mostar.  It has facilitated the integration of refugees back into some 20 communities.

 

History of CICR in BiH

 

CICR initially became involved in war-torn BiH in 1998 through a CIDA funded pilot project involving a week-long conflict resolution training program in Banja Luka and a second training in Mostar.  The training was carried out by Vesna Dasovic-Markovic, a senior CICR trainer, who was formerly a judge in BiH.

 

The success of the pilot project gave impetus to a much larger CIDA funded project from 1999 to 2002 resulting in basic conflict resolution training being given to over 500 ‘front line’ workers including lawyers, judges, teachers, social workers, NGOs and others who daily have to deal with disputes in the aftermath of the war.  Of those trained, some 200 were lawyers and judges.  The project included a training-of-trainers program with 15 local trainers, including two judges, being certified to conduct the training sessions.  A large number of CICR’s trainees from diverse walks of life are still actively involved in delivering, applying and practicing their skills.

 

In 2002 with impetus from the trained judges and lawyers, coupled with support from the RS Minister of Justice who had taken 3 weeks of CICR’s training, and the Associations of Judges and Prosecutors of both the RS and the Federation, the drafting of a new law on Mediation Procedures was initiated by the training participants and the new Association of Mediators of Bosnia and Herzegovina (AoM). This rule-of-law project was initially funded by CIDA’s Partnership for Tomorrow Program.

 

With support and encouragement from CICR, in 2002 the AoM, was formed to support the new mediators and trainers work.  The Law on Mediation procedures came into effect in August 2004 and the AoM was named in the new law as the organization primarily responsible for the training and certification of mediators and the establishment of mediation standards.

 

In late 2003, with CIDA funding through a trust fund arrangement with the International Finance Corporation (IFC), CICR was contracted to:

 

  • advise on drafting the law on mediation;

  • develop procedures for a court-referred mediation pilot project;

  • coordinate a pilot project in the Basic Court in Banja Luka;

  • and evaluate the pilot. 

 

A second pilot was later initiated in Sarajevo

 

In 2005, CICR trainer Vesna Markovic and CICR’s Director of International Programs, Kendel Rust were contracted by IFC to prepare a manual for the conduct of court-referred mediation pilot projects for use in BiH and other countries in the Balkans.

 

In 2004-2005 Vesna Markovic was again contracted by IFC, through the same CIDA trust fund, as the chief advisor on the court-referred mediation pilot activities.

 

In the fall of 2006, in response to a request from the Association of Mediators of BiH, and with CIDA funding, CICR sent Vesna Markovic to advise on the drafting of procedures necessary for the new law on Mediation Procedures implementation, and transition from Pilot stage to broad use of mediation in the country.