Criza Salarială a Sistemului Judiciar Federal American (What Can Governments Do to Develop Mediation?)

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.