Today, Minister of Justice Nela Kuburović, President of the Supreme Court of Cassation Dragomir Milojević, Public Defender Olivera Stanimirović and Director of the Judicial Academy Nenad Vujić signed the Guidelines on the Advancement and the Promotion of the Out-of-Court Settlement Conclusion and Enforcement Proceedings in Cases Concerning the Protection of the Right to a Trial within a Reasonable Time. During the signing ceremony, Minister Kuburović noted that the objective of the Guidelines was to accelerate the out-of-court settlement proceedings, i.e. award remedies to parties if it had been determined that their right to a trial within a reasonable time had been violated.

This way – she explained – new proceedings before the courts could be avoided because, once a violation of the right has been determined, the parties will have the option of seeking compensation for non-material damages through the Public Defender’s Office or starting a lawsuit. “In the past three years, there has not been a coherent and an efficient use of the out-of-court settlement mechanism. Instead, citizens always opted for lawsuits which did not only include compensations for non-material damages, but also resulted in the State Budget becoming encumbered with lawyers’ and enforcement fees”, the Justice Minister explained. She expressed hope that the promotion of the Guidelines would primarily enable the disputing parties to receive compensation faster and more efficiently, which would in turn unburden the courts and reduce the influx of new cases – all towards completing trials within a reasonable time.

The Justice Minister added that a comprehensive, systematic response may contribute to a more efficient judiciary in Serbia, reminding that the fourth in a series of Guidelines had been signed that day by the Ministry of Justice, the High Judicial Council and the Supreme Court of Cassation, and two new signatories: the Judicial Academy and the Public Defender’s Office. She explained that the Ministry of Justice would try to promote alternative methods of dispute resolution in any way possible, noting that Serbia was fulfilling its obligation stemming from the National Judicial Reform Strategy with the today’s signing of the Guidelines which, indeed, promoted alternative methods of dispute resolution, all for the purpose of unburdening the courts.