Contract Law Enforcement (CLE) Program

Contract Law Enforcement (CLE) Program News

NAAC

NAAC Photo by: The USAID Contract Law Enforcement (CLE) Program

Pristina,20 February 2014 - The USAID Contract Law Enforcement (CLE) Program in cooperation with Hope Fellowships Program in Kosovo organized the 'Put it on Paper' roundtable for Kosovo’s Hope Fellows. The aim of this roundtable was to inform and discuss with Hope Fellows the reforms that are taking place in Kosovo’s justice system, importance of written contracts in business transactions, benefits of using Alternative Dispute Resolution (ADR) mechanisms, and Private Enforcement Agents System. This event gathered Hope Fellows of various professional backgrounds including but not limited to, journalism, architecture, academia, consultancy, and NGOs.

'Put it on Paper' roundtable provided participants with practical advices when engaging in contractual agreement. These advices will be beneficial for businesses to keep them informed on the rights and/or obligations that derive from contract, as well as prevent any possible dispute. In addition to the importance of written contracts, negotiating and drafting contracts were thoroughly discussed.

Participants were also introduced to the benefits of mediation and arbitration. Mediation and arbitration are two mechanisms for settling disputes outside the court. In Mediation procedures the disputants select one or more neutral persons (“mediators”) to assist them in reaching their own decisions in the process of settling the dispute. In contrast to arbitration, mediation is a non-binding procedure which allows the parties to remain always in control of the procedure. No decision can be imposed by the mediator. On the other hand, with arbitration, parties to a dispute refer the case to one or more persons ("arbitrators"), by whose decision they agree to be bound. Arbitration is a resolution technique in which a third party reviews the evidence of the case and imposes a decision that is legally binding for both sides and enforceable, similar to court decisions.

The Put it on Paper roundtable also served as an awareness raising tool to introduce the Private Enforcement Agents System. Kosovo’s system for enforcing court judgments will soon dramatically improve due to the recently adopted Law on Enforcement Procedures, which establishes a Private Enforcement System. This system is modeled on similar Western Balkans and EU Private Enforcement systems (more than 20 EU member states follow this approach). Starting from July 1, 2014, Private Enforcement Agents will be the exclusive means for enforcing all but family law and Labor Law judgments. The Private Enforcement Agents System will contribute positively to a more effective and efficient enforcement of judgments system.

The HOPE Fellowships Program is a Women’s Leadership Program which was established by the National Albanian American Council (NAAC) and is supported by USAID to strengthen the role of women in policy and decision-making in Kosovo. The program operates in Kosovo, empowering women leaders to create collaborative, sustainable, positive change in government, civil society and business that strengthen the democratic process and promotes prosperity for all people in the country.

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