Abstract
All first instance courts and courts of appeal will have to offer mediation to parties in civil, family, commercial and labour disputes. The first instance courts will have 6 months to introduce programmes and the courts of appeal will have 30 months to prepare such programmes. The first instance courts can rely on the experience of the District court of Ljubljana, which offers mediation since almost 9 years. The first court of appeal, however, has introduced such programme only in September 2009. Courts will have the possibility to offer other types of ADR to parties.Courts will decide on the form of programmes: they will either introduce court-annexed programmes or choose court-connected programmes, organized by external providers. There will be some incentives and also some sanctions in order to enhance the use of mediation. For example, courts will have the right to demand from parties that they take part in the information session on mediation. The information session is explicitly mentioned in the Directive on certain aspects of mediation in civil and commercial matters. In Slovenia, such sessions have not been held in the past. Courts will now have the legal basis to demand from parties that they participate in such sessions. Mediation will be free of charge for parties in family and certain labour disputes. In other disputes, except the commercial ones, the first 3 hours of mediation will be free of charge for parties. Parties who will unreasonably decline the use of mediation might bear costs of the civil procedure, irrespective of the outcome of the procedure.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.