Any person meeting the following criteria can be selected to be conciliator or arbiter:
- Citizenship of Serbia and Montenegro;
- University degree and minimum 5 years of experience in the field of labor relations;
- No history of conviction to a mandatory prison sentence to no less than 6 months or conviction for a crime that makes him unworthy of the office;
- That he is worthy of the office of conciliator i.e. arbiter.
An arbiter might be any person meeting the criteria above provided that such person passed bar exam or is a full professor of legislation in force at the Faculty.
Selection of conciliators and arbiters shall be made by the Panel for selection of conciliators and arbiters.
The Panel shall be composed of two representatives of the Government, two representatives of representative trade unions set up for the territory of the Republic of Serbia and two representatives of representative associations of employers set up for the territory of the Republic of Serbia.
Representatives of the Government shall be appointed by the Government, while the Social-Economic Council set up for the territory of the Republic of Serbia shall appoint representatives of trade unions and associations of employers upon proposal of representative trade unions and representative associations of employers – members of that Council.
The Chairperson shall be selected from the Panel members.
The Panel shall pass a decision on selection of conciliators and arbiters 15 days after the deadline for application.
The decision shall be considered final when a two-third majority of the Panel endorses it.
The decision is final and only administrative procedure may be filed to contest it, in accordance with the Law.
Conciliator and arbiter are obliged to pursue advanced training in the line of their work.
Based on the decision on selection of conciliator or arbiter the Agency Director makes a decision on entry into the Directory.
The decision contains first name, last name, address and educational qualifications of conciliator i.e. arbiter.
The term starts when the decision on the appointment becomes valid.
- If he or she represents one of the parties in dispute or has represented one of the parties in dispute in the last five years;
- If he or she is a direct relative in any degree or side relative to the fourth degree to any of the parties in dispute, or if he or she is a spouse or relation by marriage to a second degree to any of the parties in dispute;
- If he or she is in labor or membership relations with any of the parties in dispute, or such relation existed in the last two years;
- If he or she is affiliated with parties in dispute in any way whatsoever that may affect judicial impartiality.
Conciliator and arbiter shall, ex officio, consider all reasons for the challenge in the course of the proceedings and shall notify the Agency Director accordingly.
The decision on challenge shall be passed by the Agency Director upon notification of the arbiter or conciliator and upon request of parties in dispute not later that eight days after the reasons for the challenge have been disclosed.
In case of challenge, the process of amicable resolution of labor dispute shall be continued with appointment of a new conciliator or arbiter in accordance with this law.
Mediators in the process of peaceful resolution of collective labor disputes: