Mediation as a way of resolving disputes was first regulated in Croatian legislation in 2003, when the Mediation Act was first adopted. With a view to further improving the legislative framework and transposing the Directive of the European Parliament and of the Council on certain aspects of mediation in civil and commercial matters, a new Mediation Act was adopted in 2011.
Around 177 cases a year in Croatia are resolved in court-annexed mediation procedure. In order to raise awareness of the benefits of peaceful dispute resolution and to strengthen the capacity of the system for dealing with peaceful dispute resolution and mediation procedures, a new Act on the Peaceful Resolution of Disputes entered into force on 29 June 2023. It further strengthens the peaceful resolution of disputes and aims to increase the promptness and efficiency of courts.
Mediators
In the mediation procedure, parties appoint one or more mediators by common accord or, if they do not reach agreement on the mediator, they may request for the mediator to be appointed by the Mediation Centre, a mediation institution or a third party. The Register of Mediators and the Register of Mediation Institutions will be publicly available in electronic form, with 807 mediators on the current list.
Through mediation to simpler, more efficient and faster dispute resolution
The goal of mediation as one of the forms of peaceful dispute resolution is not only to resolve a dispute to mutual satisfaction, but also to ensure that a good relationship is preserved for the future, especially when it comes to disputes between family members, neighbours, business partners and long-term contracts.
Mediation as an alternative to lengthy judicial proceedings provides citizens with legal certainty, and enables reaching an agreement in a swift and cheaper procedure. With the help of mediators, citizens can arrive to solutions more easily, more efficiently and more quickly.
The new legislative framework will improve the system of peaceful dispute resolution through the establishment of a stronger control of mediators, additional standardised training and greater availability of mediation and other forms of peaceful dispute resolution, and will encourage participants to always consider options for peaceful dispute resolution, which opens the possibility of strengthening the overall judicial system.
Centre for Peaceful Dispute Resolution
The new Act on the Peaceful Resolution of Disputes envisages the establishment of a Centre for Peaceful Dispute Resolution, based in Zagreb. The mission of the Centre is to encourage peaceful settlement of disputes, to give approvals to institutions for peaceful dispute resolution, to keep the Register of Mediators and Assessors, to give approvals for training programmes on specific types of disputes, to conduct professional training and development of mediators independently or in cooperation with institutions for mediation, and to inform parties on peaceful dispute resolution and assistance in selecting an appropriate method. The Centre will have branch offices in Osijek, Rijeka and Split.
One of the most important tasks of the Centre is to systematically promote peaceful dispute resolution as an alternative and more favourable manner of resolving a dispute than a formal court procedure.
Centre for Peaceful Dispute Resolution
Savska cesta 62, 10000 Zagreb
Telephone: +38516161330
e-mail: cmrs@cmrs.hr
