Department of Mediation

Mediation (conciliation) is any procedure, regardless of the name, in which the parties are trying to settle the dispute amicably (as well as while the proceedings before the court are pendindg) with the help of one or more mediators assisting the parties to reach a settlement , without the power to impose a binding resolution. “Mediator” means one or more persons who, by virtue of the parties' agreement, conduct conciliation procedure.

Reasons to opt for mediation:
1. the mediationn procedure is confidential and informal – gives the parties a better chance of expressing their position and contradictory interests in the dispute,
2. all the details of the dispute are presented, not just their legal interpretation,
3. the parties retain control of the proceedings,
4. improving the communication between the parties and their business relationship continues after the completion of the proceedings;
5. the aim of the proceedings is primarily to protect interests of the parties and to achieve mutual satisfaction with a settlement,
6. costs of mediation are considerably lower and risks of unfavorable court decisions are excluded,

In addition, a party in mediation procedure, mediator or person who otherwise participates in the proceedings cannot be summoned in any other proceedings (court, arbitration) regarding:
1. the fact that one of the parties proposed mediation or was willing to participate in mediation procedure,
2. the views expressed by the party in the mediation procedure,
3. statement of facts or acknowledgment of a request or fact during the mediation procedure if such statements or acknowledgments are not an integral part of the settlement reached,
4. the proposals put forward by the mediator,
5. the fact that party in the proceedings has shown the readiness to accept the proposal of the mediator,
6. a document prepared solely for the purpose of the mediation procedure, or the document for which the parties to the conciliation procedure agree that it will not be used in any other procedure.

European Union gives a special place to alternative dispute resolution.

Croatian Mediation Act 2011 implements Directive 2008/52/EC  of the European parliament and Council of 21st May 2008.

Directive 2013/11/EU of the European Parliament and of the Council of 21st May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR)

Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21st May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR)