As of 14 November 2015, the Out-of-Court Resolution of Consumer Disputes Act (the Official Gazette of the Republic of Slovenia, no. 81/15, ZISRPS), which regulates out-of-court settlement of domestic and cross-border disputes that arise from contractual relationships between the provider of goods and services (trader/dealer) and the consumer, and are resolved through mediation provided by a specialist for out-of-court settlement of consumer disputes (an OCSD provider).
This way, consumers and traders in all economic areas have been provided with the possibility of a fast, affordable, simple and effective out-of-court settlement of domestic and cross-border consumer disputes in traditional commerce and e-commerce.
THE SLOVENIAN ASSOCIATION OF MEDIATORS IS THE PROVIDER OF OUT-OF-COURT DISPUTE RESOLUTION SERVICES (OCSD)
The Slovenian Association of Mediators (SAM) was entered in the register of out-of-court dispute resolution providers (OCSD) on 20 April 2017 based on the decision of the Ministry of Economic Development and Technology, no. 323-45/2016/6.
SAM runs the procedures for resolving consumer disputes in accordance with the Rules of the Slovenian Association of Mediators (SAM) for conducting procedures for out-of-court settlement of consumer disputes.
SAM offers the settling of consumer disputes through the mediation process. Mediation is a process in which parties voluntarily attempt to achieve a peaceful solution to a dispute arising from a consumer dispute with the help of a neutral third person – mediator.
Društvo mediatorjev Slovenije
Poljanski nasip 2, 1000 Ljubljana
Email address: This email address is being protected from spambots. You need JavaScript enabled to view it.This email address is being protected from spambots. You need JavaScript enabled to view it.
tel. 0038631591744
tel.0038631337071
Website: www.slo-med.si
Consumer dispute resolution procedure
This procedure is used to resolve consumer disputes that have not been settled based on a prior complaint of the consumer directly to the trader.
The OCSD procedure is free for the consumer.
The consumer shall bear the expenses of his representative or a third party, as well as the costs of an expert opinion asked for by the consumer if the person conducting the OCSD procedure estimates that the dispute could be resolved without it.
THE PROCESS:
- the lodging of complaint by the consumer
- verifying the trader's consent
- gathering information about the dispute
- carrying out the mediation process
A consumer can initiate the consumer dispute resolution procedure (lodge a complaint) electronically or fill out a form and send it to the Slovenian Association of Mediators by email or by post.
The participation of parties in the procedre is voluntary. Either party can withdraw their consent to participating in the procedure at any time. The cooperation of the trader in the OCSD procedure is mandatory if this is explicitly stated by a specific law or regulation of the European Union.
The process is conducted using written communication, i.e. email, and the Internet, or by telephone. The OCSD procedure is typically done without the parties making a personal appearance. The OCSD procedure may also be carried out orally if so agreed by the parties.
The agreement on the settlement of the dispute shall be in writing. The parties may agree that the agreement on the resolution of the dispute be drawn up in the form of an out-of-court settlement, in the form of a directly enforceable notarial deed or a court settlement, whereby the trader shall bear the costs of such proceedings.
The procedure is conducted in the Slovenian language or in the English language, unless otherwise agreed by the parties and the person conducting the OCSD procedure. The consumer may also initiate the procedure in English.
The OCSD procedure should be completed within 30 days from the start of the procedure.