Mediation Centre at the Croatian Chamber of Trades and Crafts resolves consumer and other civil disputes.
If you wish to solve your consumer dispute by mediation, first you need to fill out and submit a mediation proposal to the Centre. The Mediation Centre will then contact the counterparty – the procedure can start if the counterparty accepts the proposal.
In accordance with the provisions of the Rules of the Mediation Centre at the Croatian Chamber of Trades & Crafts (Official Gazette 22/17), a mediation proposal may be submitted:
1.Only against duly registered tradesmen/craftsmen (or other members of the CCTC) – you may visit the online Central Trades & Crafts Registry at http://or.minpo.hr/ to check the trader or craftsman's status. You can also contact the CCTC at 003851 4806 666 or firstname.lastname@example.org. A trader can also submit a proposal against a consumer.
2. Within one year from the date upon which the consumer submitted the complaint to the trader.
3. A proposal should consist of:
a) information on mediation proponent: name, address, phone/fax/email
b) information on the counterparty: name, address, phone/fax/email
c) information on legal representation: name, address, phone/fax/email
d) a short description of the dispute
e) information on whether in order to resolve the dispute, proceedings before a regular court or another ADR body have been initiated, or a regular court or another ADR body reached a decision.
f) the value of the dispute
g) the date of submitting a written complaint to the trader
4. As evidence for the claims made in the proposal, the proponent can also submit:
a) a written complaint to the trader, trader's response to the complaint, contracts, invoices, bills, receipts, offers, etc.
b) information on witnesses (name, last name, address, phone) who can confirm the proponents' claims if there is no other evidence
c) information on whether in order to resolve the dispute, proceedings before a regular court or another ADR body have been initiated, or a regular court or another ADR body reached a decision.
5. Mediation proposal and all attachments must be submitted in at least two copies and must be signed by the mediation proponent.
6. The proposal can be submitted by post to the address of the Centre, emailed to email@example.com or delivered personally.
Proposal to the Centre can be submitted through the EU ODR platform as well.
PROCEEDINGS BEFORE THE MEDIATION CENTRE – MAIN CHARACTERISTICS:
- reducing costs
- consumer and trader collaboration continues
- speeding up the process
- settlement is confidential
- both parties are satisfied
- informality of the proceedings
- control over the proceedings
- creative solutions
Unlike the procedure before the Court of Honour, where only the first phase is voluntary for both parties, the mediation procedure is completely voluntary from start to finish, which means the procedure won't be held without the consent of both the consumer and trader. Furthermore, either party can withdraw from the procedure at any time without any legal consequences, which is one of the defining characteristics of mediation.
Mediation is also a confidential form of dispute resolution in which an impartial third person, the mediator, mediates between the parties with a goal of finding mutually acceptable solution. Procedure ends with a settlement or termination, either by the will of the parties or by the decision of the mediator.
LITIGATION VS. MEDIATION – A COMPARISON:
IMPACT ON COSTS:
Litigation: hundreds of thousands of kunas (HRK)
Mediation in consumer disputes: free of charge or charged a very low fee
LENGHT OF THE COURT PROCEEDINGS
Litigation: court decision is public
Mediation: settlement is private
Litigation: one party wins, other party loses
Mediation: both parties win
CONTINUATION OF CONSUMER AND TRADER COOPERATION
Litigation: No further cooperation
Mediation: Cooperation continues
Litigation: strictly prescribed rules
Mediation: parties set the rules
CONTROL OVER PROCEEDINGS
Litigation: judge and lawyers
Litigation: decision of the court is based on legislation
Mediation: parties come together to solutions based on their interests
Mediation allows creative solutions, customer's satisfaction with the settlement, and continuation of cooperation between parties
Courts resolve disputes by judging on the basis of legislation and generally do not engage in the identification of real interests in the outcome of the dispute.
In most disputes in front of regular Courts, the real interest always remains in the background behind the legal positions that are evaluated by the court, and defended by lawyers.
Unlike litigation, mediation puts the interests of the parties before their legal positions, and therefore mediation solves the dispute in a way that both parties win. Even though all disputes are not suitable for mediation (evaluated by the representative of the Centre and the mediator), most disputes can be resolved by this procedure.
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