MEDIATION - A FORM OF ALTERNATIVE DISPUTE RESOLUTION IN THE REPUBLIC OF SLOVENIA
Journal Title: European Journal of Business and Social Sciences - Year 2016, Vol 5, Issue 9
Abstract
Due to the crisis in the exercise of the right to justice within a reasonable period (Article 6 of the European Convention on Human Rights - hereinafter referred to as ECHR, which Slovenia ratified on 28th June 1994) which has lasted for a long time, new forms of alternative dispute resolution rapidly arise in many forms and variations, whereby this article only addresses mediation as one of the most successful forms. In 2008, the Republic of Slovenia adopted the Mediation in Civil and Commercial Matters Act (it entered into force on 7th June 2008), while this area was substantially and procedurally unregulated until then. Theory points out that the law must not have organisational and other logistic solutions, since this would only inhibit the production of new forms. It is necessary to take into account the model law of UNCITRAL and the EU Directive and the existing four EU recommendations, including the Green Paper on mediation. Fortunately, these acts do not contradict each other, but rather complement each other. Therefore, it was possible to create legal provisions in the technical aspect, which have already been or are being created (in Slovenia, e.g. the Out-of-Court Resolution of Consumer Disputes Act (the Official Gazette of the Republic of Slovenia, no. 81/15) which entered into force on 14th November 2015).
Authors and Affiliations
Sara Ahlin Doljak , Ph. D. in Law degree| Lecturer at the European Faculty of Law (EVRO-PF), Slovenia and lawyer in Law Firm
Keywords
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