Croatia is one of the European countries where mediation is regulated by law as an alternative method of dispute resolution. Below is a brief overview of the regulatory framework, professional requirements for mediators, and the infrastructure of organizations that ensure the conduct of the procedure.
The main legislative framework regulating voluntary mediation is the Mediation Act.
This Act defines the basic principles of mediation, such as voluntariness, informality, confidentiality, and others. Mediation, within the meaning of the Mediation Act, is any procedure, regardless of where it is conducted — whether within a court, a mediation institution, or outside them — in which the parties attempt to resolve a dispute amicably with the assistance of one or more mediators who help the parties reach a solution and who do not have the authority to impose a binding decision on them.
Another legal regulation in which mediation is mentioned is the Civil Procedure Act, which provides that a judge may propose mediation to the parties throughout the entire civil proceedings or refer them to mediation. If the parties are referred to mediation, they are obliged to attend the first information meeting within such mediation. If the parties fail to do so, they lose the right to claim additional litigation costs incurred before the court of first instance.
Mediation is also mentioned in family legislation within the framework of mandatory counselling and family mediation. The difference between these two procedures is that family mediation is not fully mandatory compared with mandatory counselling. Only the first meeting is mandatory, which the parties are required to attend if no solution is reached within mandatory counselling. Mandatory counselling is a form of assistance to family members in making consensual decisions regarding family relations, with special attention given to the protection of family relations involving a child, for example, the preparation of a joint parental care plan — an agreement on the legal consequences of divorce — and to the legal consequences of failing to reach an agreement and initiating court proceedings in which the personal rights of the child are decided. Family mediation is a social service involving expert assistance to family members, provided with the aim of reaching agreements on unresolved family disputes, where such agreements must be reached within a limited period of no more than three months. Family mediation is conducted by a family mediator, who is an impartial and specially trained person registered in the register of family mediators. The main goal of family mediation is to reach a joint parental care plan and other agreements concerning the child. In addition to achieving this goal, during family mediation the parties may also reach agreement on other disputed issues of a property or non-property nature.
Links:
https://narodne-novine.nn.hr/clanci/sluzbeni/2011_02_18_310.html
https://www.zakon.hr/z/134/Zakon-o-parni%C4%8Dnom-postupku (Use this link, as the revised text has not yet been published on the official website, since the new amendments entered into force only in 2022)
https://narodne-novine.nn.hr/clanci/sluzbeni/2015_09_103_1992.html.
The court, taking into account all circumstances, especially the interests of the parties and third parties connected with them, as well as the duration of their relationship and acquaintance with each other, may, during a court hearing or outside it, order the parties to initiate mediation proceedings within eight days or propose that the parties resolve the dispute through mediation. Such a decision may be made throughout the entire civil proceedings. If the parties agree to propose or accept the option of resolving the dispute through court mediation, a meeting for an attempt at settlement is scheduled immediately, to which the parties, their representatives, and authorized persons, if any, are invited. Court mediation is conducted by a settlement mediator appointed from the list of settlement mediators established by the president of the court.
A mediator may not participate in settlement proceedings in the civil case assigned to him or her. If the mediation process ends without an agreement being reached, the mediator may not participate in the dispute in any capacity. A settlement agreement concluded within mediation conducted in court with the participation of a judge-mediator is considered a judicial settlement. In 2006, with the participation of the Ministry of Justice of the Republic of Croatia, the pilot project “Settlement in Courts” was launched. Within this project, for the first time in Croatia, participants in court proceedings before Croatian courts in civil matters were offered a completely new service for resolving their disputes in a more convenient, faster, and less expensive way. From 2008 to 2010, this method of dispute resolution was extended to all courts in Croatia.
Agreements reached as a result of mediation are binding on the parties that have accepted them. If the parties have undertaken certain obligations within such agreements, they must fulfil them in a timely manner. An agreement concluded during mediation is an enforceable document if it establishes specific obligations to perform actions that the parties may agree upon and if it contains a creditor’s statement granting immediate permission for enforcement, known as an enforcement clause. Through such an enforcement clause, the debtor expressly agrees that, on the basis of the agreement and for the purpose of fulfilling the obligation once it becomes due, enforcement may be carried out immediately. The enforcement clause may be contained in a separate document. Enforcement of the agreement may be refused if:
The parties may also agree that the agreement will be concluded in the form of a notarial deed, a judicial settlement, or an arbitral award based on the agreement. An agreement concluded within mediation conducted by a court mediator is considered a judicial settlement.
The president of the court determines the list of mediators who may conduct court mediation. Training for mediators is conducted by extra-institutional mediation centers. The training conducted by the Croatian Mediation Association lasts 40 hours, or five days of 8 hours each. The training includes theoretical and practical aspects related to court mediation and settlement. At the link , you can find one such training.
Each mediation center has its own list of mediators.
At the link , you can find the list of mediators of the Croatian Mediation Association, using the list developed by the Croatian Bar Association as an example. списку, розробленого Радою адвокатів Хорватії.
HUM was founded in 2003 by a group of enthusiastic mediators who met at the first basic mediator training in Croatia, organized by USAID in 2003.
They considered mediation to be a new development in the world of preventing and resolving conflicts and disputes of all kinds, applicable in all areas of social life. Many of the founders are still part of HUM’s circle of members, and they are our pride. From the first days of HUM’s existence until today, our enthusiasm and dedication have not diminished for a single moment. Today, our work consists not only of preserving the initial enthusiasm, but also of accumulating knowledge and experience.
Within HUM, hundreds of mediators have been trained, numerous educational and promotional events have been organized, and HUM members have participated in many projects. Thanks to HUM, awareness of mediation as an effective modern tool for preventing and resolving conflicts and disputes has increased, and new key skills for improving communication and dialogue have become more widespread. In this way, HUM has, to some extent, contributed to increasing harmony in society and in each of its segments. HUM has not stood still when it comes to mediation. In hundreds of mediations conducted, with a high settlement rate and a high level of satisfaction among participants, HUM and its mediators have helped many people and organizations resolve internal and external conflicts and disputes.
As a result, they were given the opportunity not only to resolve the problem and continue living and doing business peacefully, but also to learn how to manage problems better in the future. All these activities make HUM the central place and institution for mediation in our country.
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