Conditions for the obtaining of an authorisation to pursue the activities of a mediator
In order to become registered in the register of mediators maintained by the Ministry of Justice of the Slovak Republic, it is necessary to meet the following:
- the condition of full legal capacity;
- the condition of integrity;
- the condition of obtaining a master’s degree (or equivalent) from a university in the Slovak Republic, or of recognition of a document certifying having obtained a master’s degree (or equivalent) issued by a foreign university;
- the condition of obtaining a certificate of successful completion of professional mediator training.
A person acquires full legal capacity upon attaining the legal age of majority. (The legal age of majority is 18. Prior to attaining this age, a person may attain the legal age of majority by marriage.)
Anyone who has not been legally convicted of an intentional crime is considered a person of integrity.
A certificate of successful completion of professional mediator training is issued to a person who participates in professional mediator training and completes it by successfully passing a professional examination. The duration of professional mediator training is one hundred hours. It is focused on the teaching of the basics of the legal system, interpersonal communication, conflict theory and the psychological aspects of conflict resolution, as well as the mediators’ code of conduct. The professional examination tests the mediator’s professional knowledge and skills.
Note: Natural persons with at least a bachelor’s degree (or equivalent) in law are not obliged to participate in professional training in the basics of the legal system or to take part in professional examination of knowledge of the legal system. The duration of professional training of natural persons with at least a bachelor’s degree (or equivalent) in law may not exceed three consecutive days.
Additional information on the pursuit of the activities of a mediator
As part of further training of mediators, the Ministry of Justice of the Slovak Republic (hereinafter only the “Ministry”) uses an accredited educational institution to organise a professional seminar at least once every two years. The educational institution issues the mediator with a certificate of participation in a professional seminar, which the mediator then submits to the Ministry. If a mediator fails to participate in at least two professional seminars in the course of five years, the Ministry may order him/her to retest.
A mediator may resolve disputes under civil, family, commercial and labour law. It is also possible to resolve cross-border disputes under equivalent legal relations, with the exception of the rights and obligations of which the parties may not dispose under the law governing such a legal relation. A cross-border dispute means a dispute in which at least one of the parties has domicile or habitual residence in a Member State (a Member State is a Member State of the European Union with the exception of Denmark) other than the Member State of any other party, as at the date when
- the parties have agreed to use mediation after a dispute occurred;
- mediation was ordered by the court;
- an obligation to use mediation arises under national legislation of the Member State or
- the court called upon the parties to use mediation in resolving their dispute.
Fees for the issuance of an authorisation to pursue the activities of a mediator
Entry in the register of mediators maintained by the Ministry of Justice of the Slovak Republic is free of charge.
However, a fee does apply to the certificate of professional mediator training issued by an educational institution accredited by the Ministry of Education of the Slovak Republic. The fee is not uniform.
Application procedure for the obtaining of an authorisation to pursue the activities of a mediator
In order to obtain an authorisation to pursue the activities of a mediator, it is necessary to fill in an application for registration in the register of mediators and to annex the following:
- declaration of full legal capacity;
- a document certifying having obtained a master’s degree (or equivalent) from a university in the Slovak Republic or a recognised document certifying having obtained a master’s degree (or equivalent) from a foreign university;
- a statement from the register of criminal records, unless provided through the SPC;
- certificate of having successfully passed professional mediator training.
or applicant can send the application form directly to the competent organ (Ministry of Justice)