Alternative Dispute Resolution (ADR) in Slovakia
Do you need a lawyer for your mediation session in Slovakia?
German law knows several ways to solve disputes with a business partner out-of-court. These so-called alternative dispute resolution methods are also common in Slovakia. Among them is mediation, which is a popular way to settle disputes between natural persons, especially with regard to custody and disputes between neighbors. Mediation sessions are also available to business partners. Under Slovak law, only licensed mediators can hold mediation sessions. Lawyers do not obtain these licenses automatically. Mediation is also possible during cross-border conflicts. It is an attractive ADR method, since it saves time and money.
From the legal point of view, let us briefly describe the ways to enforce a mediation agreement. The agreement is binding for all parties. If a party does not keep an arrangement reached in a mediation session, the agreement can only be enforced under certain conditions. The Slovak law clearly states that the agreement can only be enforced, if it was concluded in writing and:
- in the form of a notarial record, or
- approved before a court or a court of arbitration as a settlement.
The first alternative, i.e. the notarial record, is more practical, since it can be done very quickly. The application for a settlement before a Slovak court, on the other hand, may take much longer.
Generally, mediation can be used as ADR in Slovakia. However, it is advisable to keep in mind a possible enforcement of the mediation agreement. If you are interested in this topic, we are ready to provide you with more information.