FROM MANDATORY CONCILIATION TO MANDATORY MEDIATION IN FAMILY DISPUTES INVOLVING CHILDREN NORTH MACEDONIA IN LIGHT OF EUROPEAN HUMAN RIGHTS STANDARDS
Journal
Iustinianus Primus Law Review
Date Issued
2026-02
Author(s)
Ignovska Elena
Abstract
This article examines the implications of eventual mandatory mediation in family disputes
involving children in North Macedonia, assessed against European human rights and children
rights standards. It argues that the existing institute of (re)conciliation (мирење) is outdated and
fails to meet European requirements. Introducing a mandatory mediation session in such disputes
could increase mediation uptake, de-escalate conflicts, and better safeguard children’s interests.
However, mandatory mediation also raises concerns regarding voluntariness, access to courts, and
procedural fairness. Through a critical review of international human rights treaties and European
legal instruments, alongside national regulation, including the Law on Mediation, the Law on the
Family, and the family-related provisions of the Draft Civil Code, the article assesses whether
mandatory mediation can effectively “revive” mediation while also advancing the best interests of
the child and respecting fundamental rights more broadly.
involving children in North Macedonia, assessed against European human rights and children
rights standards. It argues that the existing institute of (re)conciliation (мирење) is outdated and
fails to meet European requirements. Introducing a mandatory mediation session in such disputes
could increase mediation uptake, de-escalate conflicts, and better safeguard children’s interests.
However, mandatory mediation also raises concerns regarding voluntariness, access to courts, and
procedural fairness. Through a critical review of international human rights treaties and European
legal instruments, alongside national regulation, including the Law on Mediation, the Law on the
Family, and the family-related provisions of the Draft Civil Code, the article assesses whether
mandatory mediation can effectively “revive” mediation while also advancing the best interests of
the child and respecting fundamental rights more broadly.
Subjects
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