FROM MANDATORY CONCILIATION TO MANDATORY MEDIATION IN FAMILY DISPUTES INVOLVING CHILDREN: NORTH MACEDONIA IN LIGHT OF EUROPEAN HUMAN RIGHTS STANDARDS

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 It argues that the existing institute of (re)conciliation (мирење) is outdated and 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.