Abstract

This study assesses the effectiveness of Alternative Dispute Resolution (ADR) mechanisms, particularly through a comparison between the two ADR pillars – Arbitration and Mediation, and Commercial Litigation in resolving business disputes. The study specifically draws parallels with respect to time, cost, and user-satisfaction as key indicators in assessing which one of these pathways of solving commercial disputes is most effective for businesses in Kosovo. Consistent with the literature review, businesses resort to commercial litigation because of common practice, whereas mediation is chosen because it is a traditional, and historically successful method of solving disputes through an intermediary – even in cases of blood feuds. The analysis is conducted based on the secondary data and primary data collected through a survey with 107 businesses (N=107. The findings from the survey support the literature review and showcase that businesses in Kosovo are unaware of Arbitration as an ADR mechanism, arbitration and mediation yield high rate of user-satisfaction, commercial litigation is ineffective, as well as that commercial justice in Kosovo should improve via a cross collaboration of the relevant actors of commercial justice. The study stresses the importance of having a convenient business dispute resolution ecosystem so that businesses can thrive even in times of adversity with one-another. Finally, it offers recommendations to improve the business doing environment of Kosovo in the way commercial disputes are handled, and increase ADR usage, on three levels: government, institutions such as American and Kosovo Chamber of Commerce, and businesses.

Publication Date

8-2021

Document Type

Senior Project

Student Type

Undergraduate

Advisor

Venera Demukaj

Advisor/Committee Member

Gent Salihu

Advisor/Committee Member

Edona Maloku

Campus

RIT Kosovo

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