Feasibility study to assess the scope and nature of work for an alternative dispute resolution mechanism for land and private commercial properties

UN Security Council Resolution 1244 mandates UNMIK to administrate Kosovo.  Two key objectives of the Mission are the return of the displaced population and revitalising the Kosovo economy.  To do so it must ensure that property rights are restored.  The mechanism necessary to ensure such return is established for socially owned companies through the Kosovo Trust Agency and residential properties through the Housing and Property Directorate.  For land and private commercial properties the mandate of dispute resolution is with the courts.  This system has proven to be less efficient due to a number of reasons.

Therefore, the objective of this assignment was to assess the situation concerning unlawful use of land and private commercial properties in Kosovo. The framework contractor’s team had to assess the nature and scope of work of:

(a)     an existing enhanced dispute resolution mechanism or

(b)     an alternative dispute resolution implementation model.

In addition they had to recommend amendments of the applicable law and regulations in accordance with the recommended implementation approach. Finally, they had to stipulate the financial implications and the timeframe to realise the completion of the complete legal caseload.