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
Related Articles
- EP ID EP10850
- DOI -
- Views 376
- Downloads 17
DEVELOPING THE MODEL OF CRM AND QFD IN THE BANKING INDUSTRY BY CUSTOMER PARTICIPATION IN SERVICE DELIVERY
Nowadays, organizations work based on network of relationships. From perspective of organizations, relationships provide a continual flow of profit and earnings in a long time, which lead to creating new business oppo...
INVESTIGATING FACTORS RESPONSIBLE FOR GRADE INFLATION IN COLLEGE EDUCATION
This study investigates factors responsible for grade inflation in college education. Grade inflation and grading leniency is something really dangerous in academia has been seen as a controversial issue in tertiary...
STRUCTURE OF ASSETS AND CAPITAL STRUCTURE. WHAT ARE THE RELATIONS WITH EACH OTHER? AN EMPIRICAL ANALYSIS OF A SAMPLE OF ITALY
Using a panel of 4,000 Italian firms (manufacturing SMEs) over the period from 2008 to 2011 we verify the impact and influences of structure of assets on corporate leverage. Empirically, we find a p...
THE UTILIZATION OF SOCIAL NETWORKING WEBSITES BY COMPANIES AS A HIRING TOOL; ITS EFFECTIVENESS AND RELIABILITY FROM THE APPLICANTS AND THE EMPLOYERS PERSPECTIVE
The utilization of social networking sites, like LinkedIn, twitter and Facebook have ended up amazingly famous. Social networking sites (SNSs) are an undeniably mainstream form of social media utilized by people and f...
THE IMPACT OF CYBER CRIME ON THE DEVELOPMENT OF ELECTRONIC BUSINESS IN GHANA
The identification of Information and Communication Technology (ICT) as an essential tool for sustainable development has proved to be worth every investment. As a result of this, Internet usage in Ghana has grown rap...