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Last update: 02-10-2006
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Alternative dispute resolution - Slovakia

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In Slovakia there exist the following alternative forms of resolving legal disputes



 

TABLE OF CONTENTS

1. Mediation 1.
2. Arbitration 2.
3. What types of dispute may be settled through these alternative dispute resolution procedures? 3.
4. Is this type of ADR governed by any legislation? 4.
5. Is it possible for a contractual clause to oblige the parties to submit any dispute arising from the contract for ADR before taking the matter to court? Are such provisions binding for the contractual parties in this type of ADR? 5.
6. Is it necessary to seek legal assistance? What is the role of the lawyer in this type of ADR? 6.
7. Is it possible to make use of this type of ADR at a distance, such as by electronic means? 7.
8. Is this type of ADR free of charge? If not, how are the costs shared? Can legal aid be granted for ADR? (see "legal aid") 8.
9. If you have used this type of ADR, but failed to settle your dispute, is it still possible to take the matter to court? Does action taken using this type of ADR affect the period of limitation for going to court? 9.
10. If you have used this type of ADR and succeeded in settling your dispute, what form does the agreement take? What happens if the agreement is not acted on spontaneously? Is it possible to make use of standard enforcement proceedings? Can the matter still be taken to court? 10.

 

1. Mediation

Mediation is an informal, voluntary and confidential process for resolving conflicts out of court using a mediator. The aim of mediation is to reach an agreement that is acceptable to both parties.

Once entered into, a mediation agreement affects primarily the parties to it and is binding on them.

On the basis of the agreement resulting from the mediation, the entitled party may apply for judicial enforcement of the decision or execution, if the agreement:

  1. is drawn up in the form of a notarial act;
  2. endorsed as conciliation in court by an arbitration body.

2. Arbitration

The purpose of arbitration is to solve disputes out of court on the basis of an agreement between the parties to the dispute through the free autonomous choice of an arbitration panel.

The arbitration procedure culminates in the issuing of an arbitration award. Once an arbitration award has been served, it has the same effects for the parties to the arbitration procedure as a final judgment.

The panel’s decision is enforceable just like a decision by an ordinary court.

3. What types of dispute may be settled through these alternative dispute resolution procedures?

Mediation can generally be used to settle any sort of dispute arising from a relationship of a civil law, family law, commercial law, liability law or labour law nature.

Arbitration may be used to settle property disputes arising in domestic and international commercial law and civil law relationships.

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This type of ADR must be used in accordance with the law or on the basis of conditions stipulated in a court order.

There is no legal requirement to make use of any type of ADR.

4. Is this type of ADR governed by any legislation?

Mediation is governed by the Mediation Act no 420/2004.

Arbitration is governed by the Arbitration Act No 244/2002.

5. Is it possible for a contractual clause to oblige the parties to submit any dispute arising from the contract for ADR before taking the matter to court? Are such provisions binding for the contractual parties in this type of ADR?

The parties may agree by arbitration contract that all or certain property disputes that have arisen or may arise between them in respect of a given contractual or other legal relationship will be dealt with by arbitration.

The parties may also write into a contract that they will attempt to resolve all or certain disputes arising between them by mediation.

6. Is it necessary to seek legal assistance? What is the role of the lawyer in this type of ADR?

There is no need to make use of a lawyer.

7. Is it possible to make use of this type of ADR at a distance, such as by electronic means?

The arbitration procedure is conducted at the place agreed on by the parties to the procedure. If there is no such agreement, the procedure will be conducted at a place assigned by the arbitration panel in the light of the nature of the dispute and the interests of the parties?

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8. Is this type of ADR free of charge? If not, how are the costs shared? Can legal aid be granted for ADR? (see "legal aid")

Mediation is a paid service; the Conflict resolution webpage gives the list of charges recommended for mediators who are members of the Slovak Association of Mediators.

The schedule of charges for arbitration by an arbitration panel is laid down in an annex to the rules of procedure of the Arbitration Tribunal of the Slovak Chamber of Commerce and Industry.

9. If you have used this type of ADR, but failed to settle your dispute, is it still possible to take the matter to court? Does action taken using this type of ADR affect the period of limitation for going to court?

The arbitration procedure culminates in the issuing of an arbitration award.

If no mediation agreement is reached, the matter can be continued in court. Mediation has no effect on the running of the period of limitation.

10. If you have used this type of ADR and succeeded in settling your dispute, what form does the agreement take? What happens if the agreement is not acted on spontaneously? Is it possible to make use of standard enforcement proceedings? Can the matter still be taken to court?

The arbitration procedure culminates in the issuing of an arbitration award. Once an arbitration award has been served, it has the same effects for the parties to the arbitration procedure as a final judgment.

Arbitration awards are drawn up in writing.

Where parties fail to comply with the decision, it is enforceable just like a decision by an ordinary court and the entitled party can apply for it to be executed.

Mediation ends with an agreement, which must be made in writing. A mediation agreement has the force of an execution order, if:

  1. drawn up in the form of a notarial act, or
  2. endorsed as conciliation in court by an arbitration body.

« Alternative dispute resolution - General information | Slovakia - General information »

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Last update: 02-10-2006

 
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