Croatia - Centar za mirenje pri Hrvatskoj udruzi za medijaciju

Overview

Information on fees

The Administrative Board of the Croatian Mediation Association (HUM) at its meeting held on 14 November 2011 adopted the Decision on Costs of Mediation Proceedings at the Mediation, Negotiation and Dispute Resolution Centre (the Mediation Centre) of HUM

 – COST STATEMENT OF THE MEDIATION CENTRE –

The provisions of Article 2 – ADMINISTRATIVE COSTS – were amended by the Decision of the HUM Administrative Board adopted at its meeting on 28 October 2013.

The provisions of Article 13a were added to the Cost Statement on the basis of the HUM Administrative Board of 29 May 2017.

(Revised text)

Article 1

COSTS OF MEDIATION PROCEEDINGS

(1) The costs of the mediation proceedings comprise:

– the administrative costs;

– the logistics costs;

– the mediator’s compensation;

– the mediator’s material costs;

– other costs associated with the mediation proceedings.

Article 2

ADMINISTRATIVE COSTS

(1) Administrative costs are costs incurred in connection with the organisation, conducting, finalisation and documentation of the mediation proceedings.

(2) Overview of costs:

 

Overview of costs

No

Amount in dispute

Administrative costs

I.

 maximum HRK 1 000.00

   HRK 150.00 + VAT

II.

  HRK 1 000.01 – HRK 5 000.00

  HRK 200.00 + VAT

III.

  HRK 5 000.01 – HRK 10 000.00

  HRK 300.00 + VAT

IV.

  HRK 10 000.01 – HRK 20 000.00

  HRK 400.00 + VAT

V.

  HRK 20 001.00 – HRK 50 000.00

  HRK 700.00 + VAT

VI.

   HRK 50 001.00 – HRK 100 000.00

  HRK 1 000.00 + VAT

VII.

  HRK 100 001.00 – HRK 500 000.00

  HRK 1 300.00 + VAT

VIII.

  HRK 500 001.00 – HRK 1 000 000.00

  HRK 1 700.00 + VAT

IX.

  HRK 1 000 001.00 – HRK 2 000 000.00

  HRK 2 000.00 + VAT

X.

  HRK 2 000 001.00 – HRK 5 000 000.00

  HRK 2 500.00 + VAT

XI.

  HRK 5 000 001.00 and above

  HRK 3 000.00 + VAT

(3) Once the parties have agreed to engage in mediation proceedings, the Registrar of the Mediation Centre should determine the amount in dispute in an appropriate manner and in agreement with the parties. If the parties cannot agree on the amount in dispute, it shall be determined by the Registrar of the Mediation Centre.

(4) If counter-claims or objections raised by the parties are considered to be part of the mediation proceedings, or if there are claims stemming from several disputes between the parties concerned, the value of all claims shall be taken as a whole for the purpose of determining the total administrative costs.

(5) If the amount in dispute is given in a foreign currency, its HRK equivalent shall be determined according to the Croatian National Bank’s selling rate for that currency from the date on which the parties agreed to enter into mediation proceedings, or when they submitted a joint proposal for mediation.

(6) If it is not possible to determine the amount in dispute, the administrative costs shall be set at HRK 1 000.00 + VAT, unless the parties have agreed differently with the Mediation Centre and the mediator.

LOGISTIC COSTS

Article 3

(1) The logistics costs shall include all costs arising from use of HUM’s equipment for the purposes of mediation proceedings and the parties’ special requests for accommodation, deliveries, meals, transport, etc. which shall be determined and agreed by the parties.

(2) The decision to charge such costs and their amount shall be taken by the Registrar of the Mediation Centre, namely the Registrar of HUM, in agreement with the Chairman of HUM.

(3) If the amount of logistics costs has not been or cannot be determined, it shall be set at HRK 200.00 per day, whereas if the actual amount of costs has been or can be determined, that amount shall be increased by 20% in favour of HUM .

(4) The costs referred to in points 1, 2 and 3 of this article shall be paid by the parties in advance and in equal proportions, whereas those incurred as a result of requests of one or several parties shall be borne by the parties ordering such special services.

Article 4

MEDIATOR’S COMPENSATION

(1) The mediator’s compensation shall be determined by each individual mediator in agreement with the parties involved.

(2) Unless otherwise agreed between the parties and the mediator, the amount of the mediator’s compensation shall be determined according to the amount in dispute, as shown in the table below, and it may be increased in accordance with the provisions of Article 7 of this Cost Statement.

 

Mediator’s compensation

No

Amount in dispute

Mediator’s compensation (net)

I.

 maximum HRK 1 000.00

HRK 00.00 net

II.

  HRK 1 000.01 – HRK 5 000.00

HRK 250.00 net

III.

  HRK 5 000.01 – HRK 10 000.00

HRK 400.00 net

IV.

  HRK 10 000.01 – HRK 20 000.00

HRK 600.00 net

V.

  HRK 20 001.00 – HRK 50 000.00

HRK 900.00 net

VI.

  HRK 50 001.00 – HRK 100 000.00

HRK 1 200.00 net

VII.

  HRK 100 001.00 – HRK 500 000.00

HRK 2 000.00 net

VIII.

  HRK 500 001.00 – HRK 1 000 000.00

HRK 2 500.00 net

IX.

  HRK 1 000 001.00 – HRK 2 000 000.00

HRK 3 000.00 net

X.

  HRK 2 000 001.00 – HRK 5 000 000.00

HRK 5 000.00 net

XI.

  HRK 5 000 001.00 and above

HRK 7 000.00 net

(3) The amount in dispute shall be determined in accordance with the provisions of Article 2(3) of this Cost Statement.

(4) The mediator’s compensation expressed in net terms shall be increased by the corresponding amounts of tax, surtax, social security contributions and VAT.

(5) The mediator’s compensation, as described in point 2 of this Article, may be increased according to the circumstances set out in the provisions of Article 7 of this Cost Statement or according to the agreement between the mediator and the parties involved.

(6) If the counter-claims and objections raised by the parties are considered as part of the mediation proceedings, the values of those claims shall be taken as a whole for the purpose of determining the amount of the mediator’s compensation.

(7) If the amount in dispute is expressed in a foreign currency, its HRK equivalent shall be determined, for the purposes of calculating the amount of the mediator’s compensation, by applying the average exchange rate of the Croatian National Bank for the currency concerned from the date on which the mediation proceedings commenced. If the value has changed during the mediation proceedings, the HRK equivalent shall be determined by applying the average exchange rate of the Croatian National Bank for the currency concerned from the date on which the change is notified to HUM.

(8) In disputes in which the material value cannot be determined, the mediator’s compensation shall amount to HRK 1 000.00 (net), unless the parties should agree otherwise with the Mediation Centre and the mediator.

Article 5

MEDIATOR’S MATERIAL COSTS

(1) The mediator conducting the mediation proceedings at HUM’s Mediation Centre in Zagreb, or at a mediation centre at a branch of HUM in another city, shall be entitled, in addition to the mediator’s compensation, to a reimbursement of travel expenses, accommodation and subsistence expenses if the mediator’s place of residence is further than 50 km from the City of Zagreb or from the location of the HUM branch.

(2) The mediator referred to in point 1 of this article shall be reimbursed for their travel expenses with an amount equal to the price of a return bus ticket or a return ticket by any other means of transportation, as agreed with the parties, to/from their place of residence for every meeting held during the mediation proceedings, irrespective of the number of such meetings. Travel expenses shall be appropriately documented (i.e. presentation of the tickets).

(3) The amount of accommodation expenses to be reimbursed to the mediator shall be determined on the basis of a hotel invoice (up to 3 stars).

(4) The subsistence expenses to be reimbursed to the mediator shall be set at the level of a non‑taxable daily allowance.

(5) The mediator’s material costs referred to in point 1 of this article shall be paid in advance by the parties prior to each trip.

Article 6

CO-MEDIATOR’S COSTS

(1) If the mediation proceedings are conducted by two or more mediators, and unless the parties agree otherwise with the mediators, the costs of the mediation proceedings shall be calculated as follows:

– the mediator’s compensation referred to in Article 4 of this Cost Statement shall be calculated separately for each mediator;

– the mediators’ material costs shall be calculated separately for each mediator.

(2) The administrative costs referred to in Article 2 of this Cost Statement may be increased by 10%.

Article 7

INCREASING THE COSTS OF MEDIATION PROCEEDINGS

(1) Unless the parties agree otherwise with the Mediation Centre and the mediator, the costs of mediation proceedings, as determined in accordance with the provisions of this Cost Statement, may be increased if:

– more than two parties are involved in the mediation proceedings,

– the dispute is a very complex one,

– the dispute is such that particular specialist knowledge is required of the mediator(s),

– the mediation proceedings are to be conducted in a foreign language,

– more than three meetings need to be held during the mediation proceedings,

– the mediation proceedings need to be held outside the Mediation Centre’s seat.

(2) Unless otherwise agreed with the parties, the costs of the mediation proceedings shall be increased according to the following criteria:

– if more than two parties are involved in the mediation proceedings, the administrative costs and the mediator’s compensation may be increased by 10%, for each additional party,

– if the dispute is a very complex one, if the dispute is such that particular specialist knowledge is required of the mediator(s), and if the mediation proceedings are to be conducted in a foreign language, the mediator’s compensation may be increased by 30%.

– the Registrar of the Mediation Centre will take a decision on whether there is a need for particular specialist knowledge, on the level of complexity of the dispute, or on whether the mediation proceedings are to be conducted in a foreign language;

– if more than three meetings need to be held during mediation proceedings, the administrative costs and the mediator’s compensation may be increased by 10% for each additional meeting;

– if the mediation proceedings or a meeting during the mediation proceedings are held outside the Mediation Centre’s seat, the administrative costs and/or the mediator’s compensation may be increased by 30%.

Article 8

REDUCING THE COSTS OF MEDIATION PROCEEDINGS

(1) The costs of mediation proceedings may be reduced by up to 100%, depending on the type of dispute and the characteristics of the parties involved, and provided the party/parties submit(s) to the Mediation Centre a relevant certificate issued by the competent Social Welfare office justifying a partial or full exemption from such costs.

Article 9

PAYING THE COSTS OF MEDIATION PROCEEDINGS

(1) Unless otherwise agreed by the parties, all costs of mediation proceedings shall be shared by the parties in equal proportion.

(2) The costs of mediation proceedings relating to the administrative costs and the compensation payable to the mediator and co-mediator(s) shall be paid into HUM’s designated account before the first meeting of the mediation proceedings. Otherwise, a decision can be made not to conduct the mediation proceedings.

(3) The parties are required to cover the costs of mediation proceedings irrespective of whether a settlement is reached during the proceedings or not.

(4) If, during the mediation proceedings, overall circumstances should change in such a way as to necessitate an increase in the related costs (e.g. an increase in the amount in dispute, an increase in the number of parties involved, a need to call a fourth or further meeting(s) or to conduct the mediation proceedings in a foreign language), the Mediation Centre shall invite the parties involved to pay an additional amount within a period of 8 days, minimum, and 15 days, maximum. If the parties fail to make the payment within such period, a decision can be made to postpone the next meeting within the mediation proceedings until the required amount has been paid.

Article 10

AGREEMENT ON THE COSTS OF MEDIATION PROCEEDINGS

(1) By agreeing to participate in mediation proceedings at the Mediation Centre, the parties agree to adhere to the provisions of this Cost Statement.

(2) The Agreement on the Costs of Mediation Proceedings shall be considered an integral part of the Mediation Agreement, and it shall be signed by the mediator(s) and the parties and/or their attorneys.

Article 11

OTHER COSTS OF MEDIATION PROCEEDINGS

(1) Unless otherwise agreed by the parties, each party shall bear their respective costs in connection with the proceedings, including also the costs of their legal representatives, attorneys, advisers and attendants.

(2) Unless otherwise agreed by the parties, the costs in connection with expert opinions or presentation of evidence shall be borne by the party requesting an expert opinion or presentation of evidence.

(3) The costs in connection with translation shall be borne by the party for whose purposes the translation has been made. If the translation has been made for the purposes of both or all parties, such costs shall be shared by the parties in equal proportions.

(4) If a meeting in the mediation proceedings has been convened outside the Mediation Centre’s seat, the resulting increase in costs (a 20% increase in the administrative costs and an increase in the mediator’s material costs) shall be borne by the party requesting a meeting outside the Mediation Centre’s seat, unless otherwise agreed by the parties.

(5) If both parties have jointly proposed to hold a meeting outside the Mediation Centre’s seat, the resulting additional costs referred to in point 5 of this article shall be divided equally between the parties.

Article 12

COST RECORDS

(1) The Registrar of the Mediation Centre shall keep records of the cost payments received and of the payments made to cover the costs of mediation proceedings.

(1) At the end of the mediation proceedings, the Registrar of the Mediation Centre shall prepare a complete statement of costs of the mediation proceedings, including in particular:

– a breakdown of total costs (in net and gross amounts);

– identification of the contributor, the breakdown and amount (net and gross) of individual payment liabilities;

– the payment date for each party;

– the name of the payment beneficiary and the amount (net and gross) paid out.

(2) On the basis of the statement of costs, an invoice shall be prepared and the parties to the mediation proceedings invited to pay the final cost amount.

(3) The statement of costs of the mediation proceedings shall be enclosed with the MIR file.

Article 13

RELATIONSHIP BETWEEN THE MEDIATION CENTRE AND THE MEDIATOR(S)

(1) For each mediation proceedings, HUM shall sign an agreement with the mediator conducting the relevant mediation proceedings on behalf of HUM.

(2) At the end of the mediation proceedings, HUM shall pay the mediator their compensation into the designated account, together with all legal taxes and other charges.

(3) If provided for in the agreement, the mediator’s compensation shall be paid to the mediator irrespective of whether a settlement has been reached during the mediation proceedings or not.

(4) In the event that the costs of the mediation proceedings and/or the mediator’s compensation are not determined in accordance with the provisions of this Cost Statement, the mediator conducting the mediation proceedings on behalf of HUM under a special agreement with the parties involved shall assign 5% of the total mediator’s compensation (in net terms) to HUM.

Article 13(a)

FACILITATION OF AND PREPARATION FOR MEDIATION PROCEEDINGS

All provisions of this Cost Statement concerning the costs of mediation proceedings and the mediator(s) apply mutatis mutandis to the facilitation and preparation costs of the parties, their attorneys and other participants in the mediation proceedings.

The mediators included on the List of Mediators of the HUM Mediation Centre may facilitate and prepare the mediation proceedings at the HUM Mediation Centre.

Article 13(b)

COSTS OF MEDIATION PROCEEDINGS IN CONSUMER DISPUTES

Total costs of mediation proceedings in consumer disputes to be borne by the consumer may be up to HRK 500.00 + VAT.

ENTRY INTO FORCE OF THE DECISION ON COSTS

Article 14

(1) The Mediation Centre’s Decision on Costs – the Mediation Centre’s Cost Statement has applied since the day of its adoption, 14 November 2011, and has replaced completely the Decision on Costs of the Mediation Centre of the Croatian Mediation Association of 14 March 2011.

(2) The provisions of Article 2. – ADMINISTRATIVE COSTS – were amended by the Decision of HUM’s Administrative Board adopted at its meeting on 28 October 2013.

(3) The provisions of Article 13(a) and 13(b) were added to the Cost Statement on the basis of the Decision of HUM’s Administrative Board adopted at its meeting of 29 May 2017.

(4) This revised text of the Cost Statement shall enter into force on 29 May 2017.

CHAIRMAN OF HUM:

Ph.D. Srđan Šimac

The entity is competent for disputes in the following sectors

• Consumer Goods
• Food - Fruit and vegetables
• Food - Meat
• Food - Bread and Cereals
• Food - Health food and nutrients
• Food - Other
• Non-alcoholic beverages
• Alcoholic beverages
• Tobacco
• Clothing (including tailor-made goods) and footwear
• House maintenance and improvement goods
• Furnishings
• Large domestic household appliances (including vacuum cleaners and microwaves)
• Small domestic household appliances (including coffee machines and food- processing appliances)
• Electronic goods (non-ICT/recreational)
• Information and communication technology (ICT) goods
• Leisure goods (sports equipment, musical instruments, etc)
• New cars
• Second-hand cars
• Other personal transport
• Spares and accessories for vehicles and other means of personal transport
• Fuels and lubricants for vehicles and other means of personal transport
• Books, magazines, newspapers, stationery (excluding postal delivery)
• Pets and pet goods
• Electrical appliances for personal care
• Cosmetics and toiletries for personal care
• Jewellery, silverware, clocks, watches and accessories
• Baby and child care articles
• Cleaning and maintenance products, articles for cleaning and non-durable household articles
• Other
• Education
• Schools
• Language, driving instruction and other private courses
• Other
• Energy and Water
• Water
• Electricity
• Gas
• Other energy sources
• Financial Services
• Financial Services - Payment account and payment services
• Financial Services - Credit (excluding mortgage/home loans)
• Financial Services - Mortgages / Home loans
• Financial Services - Savings
• Financial Services - Other
• Investments, pensions and securities
• Non-life Insurance - Home and property
• Non-life Insurance - Transport
• Non-life Insurance - Travel
• Non-life Insurance - Health, accident and other
• Insurance - Life
• Insurance - Other
• General Consumer Services
• Real estate services
• Construction of new houses
• House maintenance and improvement services
• House removal and storage
• House cleaning services
• Personal care services
• Cleaning, repair and hiring of clothing and footwear
• Support, research and intermediary services
• Maintenance and repair of vehicles and other transport
• Legal services & accountancy
• Funeral services
• Child care
• Pet services
• Other
• Leisure Services
• Hotels and other holiday accommodation
• Package travel
• Travel agency services
• Timeshare and similar
• Restaurants and bars
• Services related to sports and hobbies
• Cultural and entertainment services
• Gambling, lotteries
• Other leisure services
• Postal services and electronic communications
• Postal services & couriers
• Fixed telephone services
• Mobile telephone services
• Internet services
• Television services
• Other communication services
• Transport services
• Tram, bus, metro and underground
• Railways
• Airlines
• Taxi
• Sea, river, other water transport
• Transport infrastructure services
• Rental services
• Other
• Other
• Other (Includes both goods and services)

Fees to be paid by the consumer

• Yes

Type of fee for the consumer

• Variable fee

Fees to be paid by the trader

• Yes

Type of fee for the trader

• Variable fee

Language(s) of the procedure

• Croatian
• English

The procedure is done

• in writing
• orally

Outcome of the procedure

• Non-binding

Grounds for refusal

• The consumer did not attempt to contact the trader first to try and resolve the matter bilaterally
• The dispute is frivolous or vexatious
• The complaint is being or has previously been considered by another dispute resolution body or by a court
• The consumer has not submitted the complaint to the dispute resolution body within the required time limit
• Dealing with the dispute will seriously affect the functioning of the dispute resolution body