The Mediation Centre at the Croatian Insurance Bureau was founded by decision of the Management Board of the Croatian Insurance Bureau of 29th March 2007.
The Mediation Centre at the Croatian Insurance Bureau enables mediation processes arising out of insurance and reinsurance relations under insurance contracts i.e. the Law, based on the rights of the damaged parties, insured and insurance companies.
The Director of the Croatian Insurance Bureau coordinates the activities of the Mediation Centre, and the Secretary of the Mediation Centre provides information on the mediation process to the interested parties, mediates in the organisation of the mediation process between the interested parties and the mediator and the Director of the Mediation Centre, keeps records of past processes, produces annual reports on the activities of the Mediation Centre and submits them to the Management Board of the Croatian Insurance Bureau etc.
Mediation process costs are borne by the Croatian Insurance Bureau and filing fees are not charged to insureds and damaged parties.
If you have taken legal action against an insurance company you are invited to resolve your dispute amicably through this Mediation Centre because:
- Mediation is an informal process in which the parties discuss their disputes, communication with the Mediation Centre and the mediator is mainly orally and underlies no strict form.
- Mediation is voluntary, the parties are absolutely autonomous, the final resolution of the process depends exclusively on the wishes of the parties.
- Mediation offers the advantage of reduced expenses for the parties especially in view of the fact that the mediation process is free of charge for insureds and damaged parties.
- The mediation process is time efficient, mostly being finalised in one session between the disputants and the mediator.
- Mediation is confidential, all information disclosed in the course of the mediation shall not be used in any court or arbitration procedure.
- Mediators are impartial persons, judges or distiguished legal minds who assist the parties in a direct and informal communication in achieving mutually acceptable resolution of disputes.
- Mediation is pursuant to the provisions of the 'Code of Conduct for the Mediation Centre and the Mediation Proceedings at the Croatian Insurance Bureau'.
- Mediation is initiated by submitting a 'Mediation request' to the Mediation Centre which is forwarded to the opposing party who is given 15 days from the date of despatch to reply to it by sending the 'Reply of the opposing party to the mediation request'.
- The parties are free to agree upon the rules of the mediation process, in which case parties are recommended to use the standard Mediation Agreement.
- All issues that have not been explicitly solved by the Agreement between the parties shall be resolved by the upper mentioned Code of Conduct for the Mediation Centre and Mediation Procedures at the Croatian Insurance Bureau and if not by this Code of Conduct then by the Mediation Act.
- With the admission of the Republic of Croatia to the European Union the provisions of Articles 21 to 24 of the Mediation Act (Official Gazette NN 18/11) have come into force, which relate to cross-border mediation in civil and commercial matters.
- In the sense of the cited legal provisions the cross-border dispute is defined as any dispute in which one of the parties is domiciled or habitually resident in a Member State of the European Union where the other party is not on the day when the parties agreed to avail themselves to mediation after the dispute has arisen, when the court has ordered mediation, when the obligation to use mediation has arisen under national law or when the court before which an action is brought has referred the parties to mediation. Exceptionally, a cross-border dispute is also one in which judicial or arbitral proceedings between the parties are initiated in Member State other than that where the parties were domiciled or habitually resident on the day referred to in the preceding cases. Pursuant to the Mediation Act the provisions on cross-border disputes shall not apply in relation to the Kingdom of Denmark.
- Article 24 of the Mediation Act prescribes the rules of recognition and enforcement of a resolution agreement signed in the mediation procedure of a cross-border dispute if the conditions under Article 13 of this Act were met (the enforcement and distraint clause, signing the resolution agreement on the rights which the parties may freely dispose of, the resolution agreement may not be contrary to public policy, the content of the resolution agreement may not be non-implementable or impossible).
How to initiate a mediation procedure?
- The Mediation request is submitted to the Mediation Centre in written (in order to speed up the procedure, requests may be submitted by e-mail or fax).
- The Mediation Centre forwards the request to the opposing party who is given 15 days from the date of despatch to reply to it.
- Mediation can take place only if both parties agree.
Who are the mediators?
- Mediation sessions are conducted by mediators who have been nominated on the mediator list of the Mediation Centre at the Croatian Insurance Bureau and are experts who have been adequately educated or who are affirmed judicial experts through their scientific or professional work or their public activities.
- Mostly on this list are judges with long years of experience in the resolution of dispute arising out of insurance and indemnification relationships.
Which are the basic principles of the mediation procedure?
- Principle of dispositivity – mediation is voluntary in any phase of the procedure
- Principle of oral procedure – enables a time reduced procedure
- Principle of urgency, efficiency – mediation is carried out without any delays and with reduced costs
- Principle of flexibility and informality – mediation is an alternative dispute resolution procedure by which the strictness of formal court proceedings is avoided
- Principle of confidentiality - parties are asked to keep confidential all information relating to the mediation procedure
Basic objective of the mediation procedure
- The primary goal of the mediation procedure is the resolution of disputes by reaching a resolution agreement, avoiding lingering and expensive court proceedings.
- The resolution agreement signed in the mediation procedure is an execution title and entails the distraint clause.
Mediation procedure costs
According to the Code of Conduct for the Centre insureds and damaged parties are particularly privileged regarding expenses since all costs are borne by the Croatian Insurance Bureau; further to this filing fees are free of charge.
|Amount in dispute
||Total net amount of mediator’s fee
|to 10,000.00 HRK
|10,001.00 – 50,000.00 HRK
|50,001.00 – 150,000.00 HRK
|150,001.00 – 400,000.00 HRK
|400,001.00 – 700,000.00 HRK
|700,001.00 – 1,500,000.00 HRK
If the amount in dispute exceeds 1,500,000.00 HRK the amount of mediator’s fee totals to 2,500.00 HRK.
Croatian Insurance Bureau
HR – 10000 Zagreb
Tel. + 385 1 46 96 600
Tel. + 385 1 46 96 646
Fax. + 385 1 46 96 664
Secretary of the Mediation Centre: Ms Nives Grgurić, jurist