5 March, 2019

New mediation rules of the Ljubljana Arbitration Centre

On 1 January 2019 the new mediation rules of the Ljubljana Arbitration Centre at the Chamber of Commerce and Industry of Slovenia (the Ljubljana Mediation Rules) entered into force. The Ljubljana Mediation Rules allow clients the use of mediation either as an independent proceedure or combined with arbitration in accordance with Arbitration Rules of the Ljubljana Arbitration Centre at the Chamber of Commerce and Industry of Slovenia (the Ljubljana Arbitration Rules).

The Ljubljana Mediation Rules apply if the parties agree, before or after a dispute has arisen, to attempt to reach through a neutral third person (mediator) the amicable settlement of their disputes under the auspices of the Ljubljana Arbitration Centre at the Chamber of Commerce and Industry of Slovenia. If the parties wish to contractually determine the referral of a potential dispute to mediation, they may use the standard clauses, with which they can undertake either to refer the potential dispute to mediation in accordance with the Ljubljana Mediation Rules or to first refer the dispute to mediation in accordance with the Ljubljana Mediation Rules, and later, if necessary, to arbitration in accordance with the Ljubljana Arbitration Rules.

In addition to the possibility to combine mediation with arbitration, the Ljubljana Mediation Rules also allow joint selection of one or more mediators, with which – if necessary – the Ljubljana Arbitration Centre at the Chamber of Commerce and Industry of Slovenia may assist, and confidentiality of the procedure.

Considering the information above, in event of a dispute, it is therefore sensible to avoid slow decision-making of the court and choose alternative dispute resolution.

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