Page 132 - NOVOPAZARSKI ZBORNIK 44-2021

132 E. Ćorović, Zapažanja o muslihunima – narodnim pomiriteljima

Emir Corovic
Law Science Department
State University in Novi Pazar
Novi Pazar

THE OBSERVATIONS ON MEDIATORS– FOLK MEDIATORS

Abstract: In the contemporary society for solving of disputes of legal entities
the courts are competent, before all, and eventually, some other state bodies.
However, states stimulate for certain disputes, especially from the area of Private
Law, to be solved in other ways, primarily through arbitration and mediation. These
procedures have numerous advantages in solving of disputes before courts and other
state bodies­ they are followed by less formality, they are efficient and economical.
The interest of a state for the alternative ways of solving disputes has brought to
such ways of action to be legally arranged, starting from who can do the stated
works, until the procedures before arbitrators/mediators.
On the other side, in Custom Law of certain nations, certain traditional
ways of solving issues among the individuals and families have been kept. There
is a similarity among these forms of folk action and solving, before all, through
a mediation procedure. Thus, legal mediation has also derived from the practices
of “folk procedure”. However, the difference is obvious today­traditional ways
of problem solving is regulated by customs, while a procedure of doing is legally
prescribed forms of alternative problem solving is “juridical”, i.e. legally regulated.
The following lines of the paper shall be devoted to mediators­folk mediators,
being characteristics of the Bosniaks in Sanjak. Of course, similar custom institutes
have been kept within other nations. The aim of the paper is for a reader to be
introduced with differences that exist between mediators as “folk mediators/
arbitrators”, who act upon tradition (customs and religious regulations) and
mediators/arbitrators whose actions are legally regulated.

Key words: mediators, folk mediators, Custom Law