Mediation between spouses before divorce proceedings are brought
In brief: Before divorce proceedings are brought, spouses who have children over whom they exercise parental care must apply for mediation. The Federal Minister of Labour and Social Policy issued this office an authorisation to act as mediator, number 05-30/2-1913/26 of 4 August 2026, valid until 4 August 2031.
- Who must apply: one or both spouses who have children over whom they exercise parental care, and spouses where the wife is pregnant.
- Who may apply but need not: spouses with no such children may apply voluntarily.
- When there is no duty: where the other spouse's whereabouts have been unknown for at least six months, or where a spouse has been deprived of legal capacity.
- The mediator's time limit: the mediation is to be commenced within eight days of the application, with both spouses summoned to attend in person.
- The mediator's fee: no more than 25 per cent of the average net salary in the Federation for the preceding year, which for 2026 is 398.50 KM.
How the office works: the Federal Minister of Labour and Social Policy issued attorney Azur Prnjavorac an authorisation to conduct mediation between spouses before divorce proceedings are brought, number 05-30/2-1913/26 of 4 August 2026. The authorisation was issued under Article 45(2) of the Family Law of the Federation of Bosnia and Herzegovina and Article 26 of the Rulebook published in the Official Gazette of the Federation of BiH no. 7/25, for a period of five years, from 4 August 2026 to 4 August 2031. The attorney was first appointed an authorised mediator in 2013, under the Rulebook then in force.
Mediation before divorce is a separate procedure that precedes the court case. It is conducted by an authorised mediator, not by the court, and the spouses take part in it personally. This page follows Articles 45 to 52 of the Family Law of the Federation of Bosnia and Herzegovina and the Rulebook on the conditions for mediation before divorce, Official Gazette of the Federation of BiH no. 7/2025. The divorce procedure itself is covered on a separate page.
The duty of mediation also applies during pregnancy
Article 45(1) of the Family Law of the Federation of BiH ties the duty to apply for mediation to two situations, not to one. The first is the existence of children over whom the spouses exercise parental care. The second, which is often overlooked in practice, is the period of the wife's pregnancy. Spouses who have no children yet must therefore go through mediation if the wife is pregnant. Spouses in neither situation may apply voluntarily, but are not obliged to.
A spouse is not obliged to apply for mediation where the other spouse's whereabouts have been unknown for at least six months, or where the other spouse has been deprived of legal capacity.
Which mediator the application goes to
Under Article 46 the application is made to the authorised person in whose area the applicant has residence or place of stay, or in whose area the spouses had their last common residence. The law also allows an exception: the spouses may approach an authorised person outside the place of their residence or stay. That matters for clients in the diaspora and for spouses who no longer live in the same city, because the choice of mediator is not tied strictly to a single address.
Why a lawyer may not attend the mediation
This is the provision that regularly takes parties by surprise. Article 47(2) of the Family Law of the Federation of BiH expressly provides that authorised representatives may neither represent the spouses nor be present at the mediation. Mediation is a personal procedure: both spouses are summoned to attend in person. The lawyer does not sit at that table.
That does not make the lawyer's role insignificant; it moves it before and after the mediation. Before: preparing the party for the discussion, explaining what can and cannot be agreed in mediation, and assessing what kind of agreement about the child stands a chance of being accepted by the court. After: drafting and checking the agreement, and representing the party in the divorce proceedings before the court, where an authorised representative may again act without restriction.
Time limits: eight days, two months and the extension
The procedure has three time limits worth knowing in advance. The authorised person must commence the procedure within eight days of the application and summon both spouses. The whole procedure must be concluded within two months, under Article 51(2). In particularly justified cases that period may be extended by a further month. A record is made of the procedure, and the essential elements of the expert opinion the mediator gives are prescribed by the Federal Minister of Labour and Social Policy in a separate rulebook.
What happens if there is no agreement about the child
In the mediation the authorised person seeks to remove the causes that led to the breakdown of the marital relations and to reconcile the spouses, and will where appropriate recommend that they turn to counselling services or other institutions able to give them the advice they need. The authorised person also informs the spouses of the consequences of divorce, and in particular of the consequences for the children.
If the spouses are not reconciled, the mediator seeks an agreement on which parent the child will live with, on the child's personal relations with the other parent, on maintenance and on the other elements of parental care. If there is no agreement, or the agreement reached does not serve the interests of the child, Article 50(2) provides that those questions are decided by the guardianship authority, either at the request of the authorised person or of its own motion. That decision remains in force until the divorce decision becomes final, and an appeal against it does not stay its enforcement.
Two mistakes the court punishes by dismissing the claim
The law provides for the same consequence in two places, and parties usually do not expect it.
First. If both spouses, duly summoned, fail to appear and do not justify their absence, the mediation is discontinued, and the court will then dismiss any claim or request for divorce by consent filed afterwards. There is an exception where the spouse who behaves violently towards the other fails to appear, because the procedure is then not discontinued.
Second. Under Article 52 the court will also dismiss the pleading where the claim was filed before the mediation had been concluded. For that reason the filing of the claim waits until the mediation has been formally completed.
Who may act as an authorised mediator
Not everyone conducts mediation. Article 45(2) of the Family Law of the Federation of BiH empowers the Federal Minister of Labour and Social Policy to lay down by rulebook the conditions a natural or legal person authorised to mediate must satisfy. Those conditions are now set out in the Rulebook on the conditions to be satisfied by a natural or legal person authorised to mediate between spouses before divorce proceedings are brought, published in the Official Gazette of the Federation of BiH no. 7/2025.
Under Article 6 of the Rulebook, a natural person must be a citizen of Bosnia and Herzegovina, have residence in the Federation, hold level VII qualifications, that is higher education in the social sciences in social work, psychology, pedagogy, social pedagogy, pedagogy and psychology or law, and have at least three years of professional experience. Foreign nationals may mediate if they know at least one official language of the Federation at level B2 or above.
Article 7 adds three further conditions: that the service is provided within an activity registered under the regulations on trades; that the mediator has premises comprising a room for work with the spouses, a waiting area and a separate lavatory; and that the mediator has passed the professional examination in mediation. The premises must be owned, co-owned or leased for at least three years and must be adapted for persons with reduced physical mobility.
A legal person must be registered in Bosnia and Herzegovina, have its seat in the Federation, have premises of the same kind and have at least one permanently employed person who satisfies the conditions laid down for a natural person, including the professional examination. That follows from Articles 10 and 11 of the Rulebook.
Article 8 also lays down disqualifications. The status may not be granted to a person who lacks legal or medical capacity; a person against whom an investigation or criminal proceedings are pending, or who has been convicted of offences against life and limb, against sexual freedom and morality, against marriage, the family and youth, or against public health; a person convicted of violence or harassment; a person against whom a measure has been imposed on account of domestic violence; a person with unsettled taxes and contributions; or a person dismissed from the civil service on a disciplinary measure in the last three years.
How much a mediator may charge
This is the question parties ask first, and the answer is prescribed and capped. Under Article 17(1)(d) of the Rulebook, the fee for the work of an authorised mediator may not exceed 25 per cent of the average net salary paid in the Federation for the preceding year, according to the figure of the Federal Bureau of Statistics.
According to the Federal Bureau of Statistics, the annual average net salary in the Federation for 2025 was 1,594 KM, so the upper limit of the mediator's fee in 2026 is 398.50 KM. That figure changes every year, as soon as the Bureau publishes a new annual average. It is a maximum, not a price: under Article 17(2) the mediator must display a price list of the services in a visible place on the premises where the work is done, so the actual price can be checked in advance.
Two things should not be confused. The costs under Article 28 of the Rulebook, amounting to 15 per cent of the average net salary, that is 239.10 KM for 2026, are not paid by the married couple but by the person applying under the public call to become a mediator. Social work centres and municipal or city social welfare services are exempt from that cost as well.
Where to check whether someone really is an authorised mediator
Articles 34 and 35 of the Rulebook introduce something that did not exist before: the Federal Ministry of Labour and Social Policy establishes and maintains a register of authorised mediators in electronic form, publicly available on its website, separately for natural and for legal persons.
The register of natural persons contains the mediator's name, qualifications, the number and date of the act by which the authorisation was granted, the duration of the authorisation, the address at which the mediation is conducted, contact details and the status of the authorisation, active or inactive. For legal persons the name, identification number, responsible person and the names of the persons who conduct mediation there are also entered. Before an application is lodged anywhere, the register can therefore be used to check whether the authorisation is still in force. The authorisation of this office is entered under number 05-30/2-1913/26 and is valid until 4 August 2031, so it can be checked in the same way.
A mediator may not give legal advice
Article 15(1)(j) of the Rulebook expressly provides that an authorised mediator does not give legal advice but only legal information, together with information about the possibility of consulting a lawyer or another expert. The mediator must also remain neutral as to the outcome, must not impose solutions and must protect the equality of the negotiating position of both spouses.
That explains well why legal assistance and mediation do not exclude but complement each other. The mediator conducts the discussion and seeks to bring about an agreement, but will not tell you what kind of maintenance agreement stands a chance before the court, what joint parental care means in enforcement, or how the agreement will bear on the division of property acquired during the marriage. For that the party consults their own lawyer before and after the mediation, since at the table itself, under Article 47(2) of the Family Law of the Federation of BiH, there can be no authorised representative in any event.
Where there has been violence in the marriage
The Rulebook does not leave this situation to case-by-case judgment without a footing. Article 15(1)(i) requires the mediator, where violence has occurred, is occurring or there are indications that it might occur, to assess what effect that has on the negotiating positions of the spouses and whether the mediation is appropriate at all in such circumstances.
In addition, the Family Law of the Federation of BiH already contains a protective rule: the procedure will not be discontinued on account of the absence of the spouse who behaves violently towards the other. In other words, a spouse suffering violence cannot be penalised by having the claim dismissed because the violent spouse did not answer the summons.
What a mediator may pass on
Everything the mediator learns about the spouses, and in particular about their personal and family life, must be kept as a professional secret under Article 15(1)(f). Under paragraph 4 of the same article that duty does not end when the procedure is concluded, nor when the status of mediator ceases.
There is an exception and it is worth knowing: under paragraph 2 the mediator must release data at the request of the competent administrative or judicial authorities, but only where a special regulation permits it, and in doing so must ensure that the form and extent of the data released accord with the principles of the profession. The mediator also keeps a record of each individual procedure and submits an aggregate report without names to the Federal Ministry by 30 January for the preceding year, on form GI-PPP.
What the 2025 Rulebook changed
With the entry into force of Rulebook no. 7/2025 the earlier Rulebook of 2006 (Official Gazette of the Federation of BiH no. 5/06) ceased to have effect. The change is not cosmetic, because it introduced a professional examination in mediation, a public electronic register, annual reporting and supervision of the mediator's work, carried out by a commission of the Federal Ministry visiting the mediator's premises.
For persons authorised under the earlier Rulebook the transitional provisions are specific. Article 40 requires them to renew the application, that is to apply under the public call, within one year of the entry into force of the new Rulebook. Article 41 gives a period of three years to attend the training and pass the professional examination. Under Article 26 the authorisation is issued for a period of up to five years, and an application for extension is made not earlier than 12 and not later than six months before it expires.
Alongside mediation before divorce, the office also works on divorce proceedings, on the division of property acquired during the marriage and on other family law matters.
Frequently asked questions about mediation before divorce
The questions we are asked most often about mediation before divorce proceedings are brought in the Federation of Bosnia and Herzegovina.
Who is obliged to apply for mediation before divorce?
One or both spouses who have children over whom they exercise parental care. The duty also applies during the wife’s pregnancy, whether or not the spouses already have children.
Must spouses who have no children apply as well?
They need not, but they may apply voluntarily.
When does the duty of mediation not arise?
Where the other spouse’s whereabouts have been unknown for at least six months, and where a spouse has been deprived of legal capacity.
Within what time must the mediator commence the procedure?
Within eight days of the application, summoning both spouses to attend and take part in the procedure in person.
What is the mediation trying to settle?
Which parent the child will live with, the maintenance of the child’s personal relationship with the parent they will not live with, maintenance, and the other questions falling within parental care.
What follows the mediation?
The divorce proceedings are brought before the competent court, with or without an agreement having been reached.
Must mediation be carried out if the wife has no children but is pregnant?
It must. Article 45(1) of the Family Law of the Federation of BiH ties the duty of mediation to the period of the wife’s pregnancy as well, whether or not the spouses already have children over whom they exercise parental care.
Can my lawyer represent me in the mediation?
No. Article 47(2) of the Family Law of the Federation of BiH provides that authorised representatives may neither represent the spouses nor be present at the mediation. The lawyer prepares the party before the mediation and represents them later in the divorce proceedings before the court, but at the mediation itself the spouses take part in person.
How long does the mediation take?
The authorised person must commence the procedure within eight days of the application and conclude it within two months. In particularly justified cases that period may be extended by a further month, under Article 51 of the Family Law of the Federation of BiH.
To whom is the application for mediation made?
To the authorised person in whose area the applicant has residence or place of stay, or in whose area the spouses had their last common residence. Article 46(2) also allows an exception, so the spouses may approach an authorised person outside the place of their residence.
What happens if no agreement is reached about the child?
The guardianship authority decides which parent the child will live with, on the personal relations with the other parent and on maintenance, either at the request of the authorised person or of its own motion. That decision remains in force until the divorce decision becomes final, and an appeal does not stay its enforcement.
Can the divorce claim be filed before the mediation ends?
No. Article 52 of the Family Law of the Federation of BiH provides that the court will dismiss a claim or a request for divorce by consent filed before the mediation has been concluded. The same applies where the procedure was discontinued because both duly summoned spouses failed to appear without justification.
How much may a mediator charge for the mediation?
The fee of an authorised mediator may not exceed 25 per cent of the average net salary paid in the Federation for the preceding year, under Article 17 of the Rulebook in Official Gazette of the Federation of BiH no. 7/2025. The annual average for 2025 was 1,594 KM, so the upper limit in 2026 is 398.50 KM. The mediator must display the price list in a visible place on the premises where the work is done.
Where can I check whether someone is an authorised mediator?
The Federal Ministry of Labour and Social Policy maintains a register of authorised mediators in electronic form, publicly available on its website, separately for natural and for legal persons. The register shows the mediator’s name, qualifications, the number and date of the act of authorisation, the duration of the authorisation, the address, contact details and the status of the authorisation, active or inactive.
May an authorised mediator give legal advice?
No. Article 15 of the Rulebook provides that a mediator does not give legal advice but only legal information, together with information about the possibility of consulting a lawyer or another expert. The mediator must be neutral as to the outcome and must not impose solutions on the spouses.
What if there has been violence in the marriage?
The mediator must assess what effect the violence has on the negotiating positions of the spouses and whether the mediation is appropriate in those circumstances. Under the Family Law of the Federation of BiH the procedure will not be discontinued on account of the absence of the spouse who behaves violently towards the other, so the spouse suffering violence is not left unable to bring the divorce.
Can a mediator pass on to the court what they have learned?
Everything the mediator learns about the spouses, and in particular about their personal and family life, is kept as a professional secret, and that duty does not end when the procedure is concluded. The mediator must release data only at the request of the competent administrative or judicial authorities and only where a special regulation permits it.
What did the 2025 Rulebook change?
The Rulebook published in Official Gazette of the Federation of BiH no. 7/2025 replaced the earlier Rulebook of 2006 and introduced a professional examination in mediation, a public electronic register of mediators, annual reporting on form GI-PPP and supervision by a commission of the Federal Ministry. Persons authorised earlier had to renew their application within one year and to pass the professional examination within three years.
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