Alternative dispute resolution
At the Law Firm Starman/Velkaverh we give great emphasis on alternative dispute resolution in order to protect our Clients from litigation.
Mediation
Through the process of mediation the parties try to reach an amicable settlement with the help of a third unbiased party – the mediator. The mediator does not give any judgments regarding the case, he only gives advice and assists the parties while they try to reach a mutually agreeable solution. At the end of a successful mediation process the parties conclude a settlement agreement. The parties of a mediation process may agree to conclude the settlement agreement in the form of a directly enforceable notary deed, as a settlement before the court or as an out of court settlement.
Mediation may be carried out as a procedure within the court system or as a process completely independent from the courts and judicial procedures.
In contrast with judgements or arbitration, the mediator does not give any judgments to decide the dispute; the dispute is resolved in mediation only if the parties reach a mutually agreeable solution; however, through his work, the mediator may decisively contribute to a final agreement.
Lawyer Janez Starman has successfully passed a mediator’s exam and works also as a mediator in the court system which include the District court in Ljubljana and Koper, The High Court in Ljubljana and Koper, and outside that the Mediation centre at the Academy of the Slovenian Bar Association and Centre for alternative settlement of disputes at the Municipial community of Novo mesto. He conducted mediations at the Labour court in Koper (2010), and District court in Nova Gorica as well. He achieved the title of a mediator trainer (2009) and conducted educational courses at the Institute for mediation and arbitration of the Slovenian Bar Association and elsewhere.
Many other Senior Associates in the Law Firm Starman/Velkaverh have passed the mediator’s exam to acquire knowledge in the field of mediation, which is important for the practice of the law.
More: Ministry of justice
Arbitration
Among all alternative dispute resolution methods arbitration has most similarities with judicial litigation. Compared to court proceedings arbitrations usually take less time.
By concluding an arbitration agreement the parties agree to settle their dispute before an arbitration panel and thus exclude the jurisdiction of the courts. Arbitration and litigation are mutually exclusive.
In arbitration proceedings the parties may agree to a settlement. If this is not possible, the arbitrators make their judgment. Thereafter only limited possibilities remain for challenging an arbitration award with a lawsuit for annulment before the courts.
The arbitration agreement is generally part of the general agreement between the parties and/or part of the general terms and conditions.
The basic rules of arbitration are governed by the Arbitration Act (ZArbit, Ur. l. RS, št. 45/2008, from 09. 05. 2008).
More: Ministry of justice
