Jasminka Bratić


• The Lawyer (1981-1988) “Maloprodaja” company, Mostar
• The manager of the legal service (1988-1992) “Merkur” company Mostar
• Secretary of the Faculty for Business Management at the University “Džemal Bijedić” in Mostar (1999-2008)
• Assistant to Minister of Justice – Ministry of Justice of Herzegovina – Neretva Canton
(2008- )


• A member and past Chair of the Governing Board of the Gimnazija Mostar
• Member of the Executive Committee of the UWC-IB Initiative in BiH (2006-2010)
• Deputy Chair of the Bosnian Foundation Education in Action. 2011- …
• Chair of the Board of the United World College in Mostar 2011-
• Member of the task force for the Strategy of the reform of the legal system in BiH
• A member of the Legislative Committee of the Parliament of Herzegovina – Neretva Canton
• Chair of the Board The students Loan Fund of the Federation of Bosnia and Herzegowina

Bosnia and Herzegovina
Mostar Mediation Conference 2020

Mediation in courts of Herzegovina Neretva Canton
The mediation procedure, that was introduced into the judicial system of the Federation of Bosnia and Herzegovina 16 years ago, ensures the benefit for the citizens as parties in the legal dispute as well as for courts as initiators and decision makers for the application of mediation.
I come from the cantonal Ministry of judiciary where I am employed and the aim of this text is to try to put the focus on the influence of mediation on the judiciary bodies and judiciary as a whole, from the aspect of jurisdiction of the Ministry, as proscribed by the Law on Court of FB&H.
Ministry of judiciary in cooperation with courts and the High Judicial and Prosecutorial Council plans, proposes and ensures covering of costs of courts from cantonal budgets and controls the legality of expenditures of allocated funds.
From the experience of applied mediation in other countries it is visible that mediation contributes to solving of court cases within reasonable time period, with minimal costs which was the reason for the Ministry of judiciary of HN canton to organize several seminars for cantonal judges and presidents of courts and acquaint them with importance and usefulness of mediation. One of the conclusions back them was that the judges would, at the occasion of asking for the answer to the lawsuit, especially emphasize the possibility of applying mediation and invite the parties to use it.
Unfortunately, the activities of the Ministry on that subject did not yield results, as the statistics show that in the courts of HN canton there were almost no cases in the past 5 years that were solved by mediation agreement.
Previous Strategy of development of judiciary sector of B&H / SRSP and Action plan of the Strategy contained initiatives for inticement of courts to apply mediation and follow up on its use, all with the aim of speeding up its acceptance by courts and judges, as principal and relevant actors for increase of use of mediation and for raising the level of awareness of citizens about the benefits of mediation.
Many expert analysis show that mediation brings multiple benefits for all participants of the court procedure and in the end contributes to the main aim of judiciary, and that is the building of cheaper and more efficient judiciary. Reaching the stated goal is one of the ways to positively influence the reputation of judiciary and restore the trust of public in the work of judiciary.
If we agree that there is a wider social benefit from the application of mediation and if we agree that what is lacking is its more massive application, we have to seriously tackle the need to establish the causes of such a situation in B&H judiciary.
Taking into account the fact that the use of mediation depends greatly on many factors, especially on the nature of court cases suitable for mediation as well as on the level of awareness of citizens, we should not disregard the influence of subjective attitude towards mediation of certain participants of the court proceedings that are directly affected by the reduction of costs of court procedure.