Slovénie - PROGRAMME OF SOLVING COURT BACKLOGS
Pursuant to the provision of the Courts Act, Article 60 paragraphs IV and V (Ur.l. RS, Nos. 19/94, 45/95, 38/99 and 28/2000), and pursuant to the provision of the Court Rules Article 171 paragraphs II, III, IV, VI and VII (Ur.l. RS, Nos. 17/95, 35/98, 91/98 and 22/2000), the President of the District Court hereby issues the following
PROGRAMME OF SOLVING COURT BACKLOGS
AT THE DISTRICT COURT IN LJUBLJANA
- area of mediations (consolidated text)
Programme of solving court backlogs at the District Court in Ljubljana, No. Su 9/98 of 19 May1998 and amendments thereof No. Su 9/99 of 9 July1999 and 19 October 1999, amendments to the programme Su 9/2000 of 24 March 2000 and 11 December 2000, amendments to the Programme No. Su 9/2001 of 26 April 2001, 26 July 2001, 8 October 2001 and Su 9/2002 of 21 May 2002 and 9 January 2002 and the Programme of solving court backlogs at the District Court in Ljubljana, No. Su 46/2003 of 15 February 2003 and 1 September 2003, in the part, referring to alternative dispute resolution with mediation in the classical civil area, the consolidated text of which shall read as follows:
1. As of 1 January 2001 civil-procedure annexed alternative dispute resolution with mediation aiming at out-of-court or court settlement shall be introduced within the Civil Department of the District Court in Ljubljana. At first it shall be introduced experimentally and as of 1 January 2002 regularly.
2.
a) It is obligatory to refer the following cases to mediation (obligatory referral by the judge):
· all new cases where the defendant party is the Republic of Slovenia (from 8 October 2001 on);
· all new cases regarding establishment of shares in joint property (from 8 October 2001 on);
· all unresolved cases regarding establishment of shares in joint property and the cases, where the defendant party is the Republic of Slovenia, for which no procedural acts were carried out or called last year.
· all new cases where the claim includes payment of compensation (from 8 October 2004 on).
3. In all other cases the adjudicating judge or specialised staff member shall assess whether the case is suitable for mediation within three days of the receipt of the file (discretionary referral) and submit it to the Office for alternative dispute resolution.
The same shall apply for all other cases irrespective of the phase of civil procedure at the first level. In these cases the judge shall offer the parties the possibility of resolving their dispute by mediation prior to the conclusion of the settlement hearing and prior to the beginning of the trial of the case. The judge shall briefly inform the parties about the advantages of mediation and deliver them the letter, consent and information booklet. At the parties' request or on the basis of the judge's assessment, this offer may also be made later.
4. Mediation may also be proposed by the parties. In this case the court shall deliver them the form on the consent for the participation the procedure.
5. When the Office for alternative dispute resolution receives the assigned case, it shall submit the parties information on the possibility of alternative dispute resolution and the consent. If the court receives the signed consents by all parties to the dispute within 30 days of serving the information, it shall initiate the mediation procedure (hold the first mediation meeting) not later than 3 months of the receipt of the last consent. In case parties submit the statement on the consent when the 30-day period has expired, the court shall initiate mediation procedure, however, it is not bound by the three-month period.
6. In case the court does not receive the consent, expressed by all parties, within 30 days, the file shall be immediately returned into the regular procedure. Mediation procedure may not be initiated when the first hearing for the trial in an individual civil case has been called, save where explicitly requested by the parties and in agreement with the adjudicating judge.
7. Mediation procedure shall be conducted by the mediators, who are on the list at the District Court in Ljubljana. The Court shall include on the list the mediators, who successfully finished training on the basis of the programme, verified by the District Court in Ljubljana, and who meet the standards, required for mediators.
8. Expert Collegium for mediations is a professional body in the field of alternative dispute resolution, responsible for professional issues, related to mediation procedures and for adopting decisions on appeals by the parties in mediation procedures. Further on it decides on the price of a mediation hour and emoluments for mediators, it verifies the training programme for mediators, selects the participants in training in accordance with the standards for mediators, it defines the categories of mediators, adopts strategic policies and performs other mediation procedure related professional tasks. Decision on the appointment of the Expert Collegium is an integral part of the Programme.
9. The cases shall be allocated to the mediators, who are on the list at the District Court in Ljubljana in accordance with the order by the head of the office. The cases, which are finished in the mediation procedure with a resolution, reached by common consent, shall be recorded separately.
10. The expected workload of the district court judges – mediators is not changed due to participation in this programme.
11. Mediation procedure is as long as the parties and the mediator agree that it is sensible, however not more than three months. In case the procedure takes longer than three months due to justified reasons, the parties’ consent is required.
12. If the parties, who participate in the mediation procedure, agree about the content of the draft court settlement, the court settlement shall be concluded and signed in front of the president of the senate, to whom the case was allocated, or another judge from the Civil Department.
13. If mediation is not concluded by court/out-of-court settlement or abandonment of action, or if the mediator assesses that mediation procedure is not sensible anymore and withdraws his/her consent, or if the consent is withdrawn by any party, the case shall be returned into the regular procedure and the adjudicating shall immediately continue the procedure in that case. In the regular procedure the rules on the order of dealing with the cases shall apply. The case shall never be dealt with the judge, who was mediating it.
14. The entire procedure shall be conducted according to the rules and procedures for alternative dispute resolution, laid down by the District Court in Ljubljana. Mediation procedure may be carried out in or outside the regular court working time. Mediation meetings shall be held in the District Court premises in Ljubljana.
15. All documents related to the mediation procedure and consents shall be filed into a special sub-file, enclosed to the civil file. In case mediation is not finished with settlement or abandonment of action, the mediation sub-file shall be kept separately, and the civil file shall be returned to the department. Special records are kept about mediation procedures in the Civil Department and in the Office for alternative dispute resolution.
16. This programme is coordinated and monitored by the Office for alternative dispute resolution, who keeps the President of the Court informed on monthly basis, that is by the tenth day of the month for the previous month.
17. Instructions on carrying out mediation procedures, standards for mediators and categories of mediators as well as the current list of mediators are an integral part of this Programme.
18. This Programme shall replace all previous amendments to the Programme of solving court backlogs with mediation in classical civil cases at the District Court in Ljubljana.
PRESIDENT OF THE COURT
ALEŠ ZALAR
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