What is mediation?
Mediation is a non-formal, non-binding, confidential and structured procedure, where the parties voluntarily strive to reach an amicable settlement of dispute concerning or arising out of a contractual or other legal relationship, with the assistance of a neutral third party (the mediator), regardless of whether the procedure is referred to by the expression mediation, conciliation or an expression of similar import.
Mediation differs from court or arbitral proceedings primarily in that mediation is not adjudication. A mediator cannot issue a binding decision; they strive to assist the parties in reaching an agreement that solves the dispute and newly defines their mutual rights and obligations.
The parties decide on mediation especially where (i) a fast solution of the dispute is of importance; where (ii) they wish to influence the process of finding a solution and the contents of the final solution agreement; where (iii) confidentiality is of importance; where (iv) the dispute mainly concerns facts and not legal issues; or where (v) the case concerns a long-term or important business relationship which the parties wish to resume..
Ljubljana Mediation Rules – in force as of 1 January 2019.
The aim of the Mediation Rules of the Ljubljana Arbitration Centre at the Chamber of Commerce and Industry of Slovenia (Ljubljana Mediation Rules) is solving commercial disputes under the one-stop-shop principle. The parties can use mediation as a stand-alone procedure or in combination with the classic or expedited arbitration under the Ljubljana Arbitration Rules.
When do Ljubljana Mediation Rules Apply?
Ljubljana Mediation Rules apply if the parties agree on them prior to or after the dispute arises.
How does mediation commence?
Under the Ljubljana Mediation Rules, mediation can commence in two ways: either the parties propose mediation together, or one party proposes mediation to the other through the Ljubljana Arbitration Centre.
Five advantages of mediation under the Ljubljana Mediation Rules:
- A possibility of combining mediation with arbitration or expedited arbitration (one-stop shop model)
- A possibility to adapt proceedings to the parties (flexibility)
- A possibility to freely elect an appropriate expert (mediator)
- Complete confidentiality
- Faster and less expensive than court proceedings