Article 1


These rules apply when the conflicting parties (hereinafter: the parties) wish to reach an amicable solution of their dispute in mediation and have agreed to use these rules, either before or after the rise of the dispute.


It shall be deemed that the parties agree on the use of these rules whenever they have agreed, either before or after the rise of the dispute, to resolve all or individual factual or legal issues in mediation, which is organized or administered by the ECDR, even without stating the applicability of these rules.


 Article 2


The parties may always, before or during mediation, agree to modify these rules.


Article 3


Any party or parties to a dispute, who wish to commence mediation, may do so by way of a joint written submission, or by way of a written proposal of only one party in accordance with these rules.


A party may propose to the ECDR to invite the opposing party to the mediation. The ECDR would establish contact with the opposing party and attempt to obtain its agreement to join in a submission to mediation.



A party's proposal has to provide a brief statement on the content of dispute and contact information about all the conflicting parties and their attorneys, if the parties are represented by an attorney.


 Article 4


The parties may agree to nominate one or more mediators from the registry of accredited mediators at the ECDR or other third neutral person, if such nomination is approved by the ECDR.


Should the parties not reach an agreement on nomination of one or more mediators, the ECDR rules on choice of a neutral apply.


When appropriate, the ECDR may at any point recommend the parties to appoint a co-mediator.


Article 5


Each mediator is, prior the commencement of mediation and any time during mediation, regardless of whether was he or she appointed by the parties or by the ECDR, obliged to disclose to the ECDR and the parties without delay any circumstance that could have raised reasonable doubt in his neutrality or independence.


Article 6


Whenever the parties during mediation consider that it should have been managed by a different mediator, they may revoke the nomination of the mediator and inform the mediator and the ECDR about their decision.


In the case of revocation of nomination of a mediator, the parties are not entitled to the reimbursement of the award paid to the mediator.


Appointment of the new mediator is conducted in accordance with Article 4 of these rules.


Article 7


A party may be represented in the mediation by an authorized person. Legal entities, which are parties to the mediation, have to be represented by an authorized person with the powers to conclude settlement.


Article 8


The mediator sets the date and time of mediation meeting in agreement with the ECDR. Mediation takes place on the premises of the ECDR or any other location in agreement with the parties, the mediator and the ECDR.


If the parties agree, the mediation session may be conducted by using electronic means of communication and the World Wide Web.


Article 9


Based on the earlier consultation with the parties, the mediator may conduct the mediation in a way as he or she considers appropriate, taking into account the circumstances of the dispute, any wishes the parties may express and the need for a speedy settlement of the dispute.


The mediator is not authorized to impose the settlement of the dispute on the parties.


The parties may jointly propose, that the mediator orally or in writing recommends an appropriate resolution of the dispute (conciliation).


The mediator is authorised to conduct joint and separate meetings with the parties. Should a mediator in separate meetings receive information in relation to the dispute from one party, the mediator is allowed to share this information with the other party, unless the party giving information explicitly stated, that the concerned information is to be kept confidential. If the information is confidential, the mediator is not allowed to disclose it to the other party under any condition.


Article 10


The mediation sessions are confidential. Persons, who are not the parties or their authorized representatives, can only be present with the permission of the parties and the mediator.


Article 11


All the information relating to the mediation procedure shall be kept confidential, unless the parties have agreed otherwise, or the law provides otherwise, or the disclosure of certain information is necessary to execute or enforce the settlement agreement, which was reached in mediation.


Article 12


The parties, the mediator or any third person, including the administrative staff, are forbidden to rely on, introduce as evidence refer to or make statements in arbitral, judicial or similar procedure in relation to:

a)    invitation of a party to engage in mediation or facts related to a party’s willingness to participate in mediation;

b)    views expressed or suggestions made, by a party in mediation in a respect of possible settlement of the dispute;

c)    statements or admissions made by a party in the course of mediation;

d)    recommendations and suggestions on the resolution of the dispute made by the mediator during mediation;

e)    facts showing a party’s willingness to accept mediator’s recommendation or suggestion for resolution of the dispute;

f)     Documents, which have been prepared solely for the purpose of the mediation.


The previous paragraph should be applied regardless of the form, in which the information or the evidence was presented.


Previous paragraphs of this article should be applied regardless of whether the arbitral, judicial or any other procedure relates to the dispute, which was the subject of the mediation.


Article 13


The parties may agree that the mediator takes over the role of an arbitrator in the same dispute, which was the subject of the mediation.


Unless the parties agree otherwise, the mediator is not allowed to take over a role of a judge in a procedure over a dispute, which was subject of the mediation, or any other dispute, which arose out of or in relation to the same contract or legal relationship as the initial dispute.


Article 14


The parties may agree that they are not allowed to initiate any arbitral or judicial procedure during the mediation, unless serious and irreversible consequences would result if such proceedings were not initiated.


Initiation of such procedure does not by itself constitute a waiver of the agreement to mediate or a statement of the termination of the mediation.


Article 15


Should the parties reach an amicable solution of the dispute, such agreement may be recorded in the form of out-of-court settlement or enforceable notarial act or the parties may propose to a competent court to enter the mediated agreement into a court settlement order

Should the parties reach a partial or complete agreement on disputed issues in hybrid proceedings of mediation and arbitration or within arbitration alone, they may request to enter their agreement into a consent arbitration award.


Article 16


These rules are, to the extent relevant to mediator’s duties and responsibilities, interpreted and applied by the mediator. The rest of the rules are interpreted by the ECDR, taking into consideration a need to promote uniform application of the Mediation in Civil and Commercial Matters Act.


Article 17


Unless agreed otherwise, each party bears its own costs of the mediation and each party bears half of the administrative costs of the ECDR, the mediator’s fee and any other costs related to the mediation.


In procedures for resolution of consumer disputes, which are conducted as mediation procedure the costs of such procedure are born by the trader.


Article 18


Unless otherwise agreed by the parties, the UNCITRAL Conciliation Rules apply in international and cross-border commercial disputes, with an exception of appointment of conciliator, for which the provisions of Slovenian Mediation in Civil and Commercial Matters Act apply.


The dispute is considered to be international or cross-border if:

a)    the parties to the agreement to mediation have, at the time of the conclusion of the agreement, their places of business in different countries, or

b)    the country, in which the parties have their place of business, is different from either the country, in which a substantial part of the obligations of the commercial relationship is to be performed or the country with which the subject matter of the dispute is closely connected.



If a party has more than one place of business, the place of business is that which has the closest relationship to the agreement to mediate.


If a party does not have a place of business, reference is to be made to the party’s domicile or habitual residence.


The UNCITRAL Conciliation rules also apply when the parties explicitly agree that conciliation is international or cross-border or opt for applicability of UNCITRAL Conciliation rules.


 Article 19


A party, who is not satisfied with the ethical conduct of the mediator in mediation, administratively supported by the ECDR, may lodge an appeal with the ECDR and ECDR’s Council for ethical questions will discuss and decide on the appeal.


The ECDR is not liable for any damages arising out of or in relation to any act or omission of the mediator in the mediation procedure in accordance with these rules.