ADR – Alternative consumer dispute resolution
The consumer files a request to initiate the mediation procedure. The request must comprise:
– the consumer’s personal name, address of residence, and e-mail address,
– the provider’s details,
– facts on infringements allegedly committed by the provider,
– evidence substantiating the request, if existing,
– a declaration that there are no pending judicial or administrative proceedings or any other proceedings in front of another provider of out-of-court dispute resolution, and that the case has not been adjudicated in any other judicial or administrative proceedings or any other proceedings in front of another provider of out-of-court dispute resolution,
– the final answer of the provider in an internal complaints handling procedure, or evidence that thirty days have passed since a complaint has been lodged with the provider within an internal complaints handling procedure,
– a proposal on the appointment of a mediator from the list of mediators, or a declaration that a mediator may be appointed by the MC Secretary.
The request must be accompanied by a proof of a payment of a fee in an amount of 20,00 EUR. Fee should be paid into a bank account of Slovenian Insurance Association at Nova Ljubljanska banka, d. d. IBAN SI56 0208 3001 4878 323, SWIFT LJBASI2X.
The consumer may file the request by sending it by post on address Slovensko zavarovalno združenje, GIZ, Železna cesta 14, Si-1001 Ljubljana, »Request for ADR«, or e-mail firstname.lastname@example.org or by filing it on the SIA website.
A procedural precondition to commence mediation is that a complaint has been previously lodged with the provider within an internal complaints handling procedure. The final deadline to file a complaint is one year from the date of the final answer given by the provider in an internal complaints procedure.
The mediation procedure in domestic consumer disputes is held in the Slovenian language, whilst mediation in cross-border consumer disputes is held in the English language. The mediation procedure is oral. The mediation procedure is carried out as rapidly as possible, normally at no more than three meetings, without delay and with minimum possible costs. The consumer participate in the mediation procedure on a voluntary basis and may at any time withdraw from the mediation process. For the provider participation in the mediation procedure is binding.
The mediation procedure is terminated:
– by the consumer withdrawing the mediation request,
– on the day a settlement has been reached,
– when the consumer is informed about the declaration of the mediator that further efforts in mediation are no longer needed as the mediation has not been successful.
When the parties to a mediation reach an agreement on resolution of the dispute and are prepared to end the dispute, they reach an agreement on the dispute’s resolution and sign a written settlement. Before signing the settlement, the parties must be given reasonable time for reflection. The parties may agree to draw up a settlement agreement in the form of a directly enforceable notarial deed or a settlement in front of a court. Before entering into a written settlement, the mediator informs the parties about the legal consequences of entering into a settlement.
The Association participate in a network for out-of-court settlement of cross-border consumer disputes FIN-NET.
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The out-of-court body has been set up within the Slovenian Insurance Association, an economic interest grouping of insurance and pension companies in Slovenia. Mediation is a procedure conducted with the assistance of an independent expert third person who cannot issue binding decisions.
Mediators have legal knowledge acquired in valid study courses offering at least a second-level legal education, or legal qualifications obtained in study courses which according to the law governing higher education equal at least a second-level education, have passed professional training for mediators and obtained a certificate on professional training for mediators. The Mediation Centre of the SIA keeps a list of mediators. The list of mediators is established by the MC Expert Council. Mediators can be put on the list of mediators for a period of five years if they fulfil the criteria. Medaitors meet the criteria of competence, knowledge, impartiality neutrality and independentiality.