Dispute Resolution

At LEXANTE Law Firm, we are experts in dispute resolution and out-of-court settlements.

At LEXANTE, we specialize in comprehensive dispute resolution, including out-of-court settlements and client representation in litigation. With years of experience, expertise, and an individual approach, we help clients achieve fair, swift, and effective conflict resolution without unnecessary delays. We are a reliable partner you can turn to for any legal issue.

Our Specialization in Dispute Resolution

Our experienced lawyers specialize in resolving all types of legal disputes and conflicts, including personal and civil disputes, business and corporate conflicts, and administrative proceedings. In many cases, we help clients reach agreements through out-of-court settlements, saving both time and financial resources. When necessary, we are fully prepared to represent your interests in court and vigorously defend your rights.

What is Alternative Dispute Resolution?

Alternative Dispute Resolution (ADR) is a method of resolving legal or commercial disputes without the need for court proceedings. It is an efficient, fast, and often less expensive alternative to litigation. The most common forms of ADR include mediation, arbitration, and negotiation. This method is used by consumers, entrepreneurs, employers, and ordinary citizens who want to avoid lengthy and costly court cases. ADR is voluntary, confidential, and often leads to mutually beneficial agreements. It is becoming increasingly popular in Slovakia, especially in consumer disputes, labor law, and commercial contracts.

What is Mediation?

Mediation is a form of ADR where a neutral and qualified third party, called a mediator, helps the parties in dispute communicate and understand each other in order to reach a mutually acceptable and beneficial agreement. The goal of mediation is not to win over the other side, but to find a solution that satisfies both parties and helps resolve the dispute in a respectful, quick, and informal manner. Mediation is a voluntary process that can start soon after a dispute arises and can take place before, during, or after court proceedings. It is a flexible, informal, and discreet method that supports the preservation of good relationships between parties and allows for tailored solutions, unlike court decisions that are authoritative and often result in a winner and a loser.

Consumer Arbitration

Consumer arbitration is a specific type of ADR between a supplier and a consumer regarding consumer contracts or related issues. This process is based on a consumer arbitration agreement, which must be in writing, formally and substantively separate from the consumer contract, and must not include clauses unrelated to the arbitration process itself.

A consumer arbitration agreement is a contract in which the parties agree to resolve disputes through arbitration. It can also be concluded during ongoing court proceedings, and its conclusion may suspend or terminate those proceedings. The outcome is an arbitral award or resolution that has legal binding force and can be enforced similarly to a court decision. The consumer retains rights similar to those in court, including the right to challenge the arbitrator's conduct or decision.

How Does Alternative Dispute Resolution Work?

ADR typically proceeds through several basic steps:

1. Contacting the other party: the process begins when one party contacts the other with an offer to resolve the dispute through ADR, such as mediation.

2. Involving a neutral third party: a neutral facilitator, such as a mediator or arbitrator, is involved to assist the parties in reaching an agreement.

3. Communication and negotiation: parties communicate with the help of the mediator, who helps clarify demands and interests to reach a compromise. The process is informal, flexible, and voluntary.

4. Settlement agreement: if an agreement is reached, a written ADR agreement is prepared, which is legally binding and resolves the dispute. If not, the parties may pursue other means such as court or arbitration.

5. Confidentiality and speed: ADR is confidential, with no public hearings, and significantly faster than court proceedings – agreements can be reached within weeks or months.

6. Online dispute resolution: in some cases, the dispute can be resolved online, increasing accessibility and convenience.

ADR is based on the voluntary participation of both parties, the neutrality of the facilitator, and the effort to reach a mutually beneficial compromise without resorting to lengthy and costly litigation.

When Is It Worth Using ADR?

ADR is especially useful when the goal is to resolve a dispute quickly, cheaply, and confidentially without going to court. Main reasons to use ADR include:

• Speed: Unlike court cases that may take years, ADR can lead to an agreement within weeks or months, saving time for all involved.

• Lower costs: ADR is financially advantageous, as it avoids court fees and extensive legal representation. Usually, costs are limited to the mediator’s services.

• Confidentiality: Unlike public court hearings, ADR is private, and all parties must maintain confidentiality about the process and its content.

• Preserving relationships: ADR is ideal where parties must continue interacting, such as in neighborhood, business, or family disputes. It fosters acceptable solutions and maintains good relations.

• Voluntariness and control: The process is informal and voluntary, and parties have greater control over the proceedings and outcomes, unlike binding court rulings.

• Legal enforceability: The result of ADR is a written, legally binding agreement that settles the dispute and provides certainty.

ADR is thus suitable when a fast and efficient dispute resolution is needed without unnecessary costs or stress and when maintaining good relationships is important. It is also beneficial where parties desire more control and prefer an informal conflict resolution method.

ADR Entities

ADR entities are authorized institutions or organizations that facilitate dispute resolution between consumers and businesses outside the court system. Their goal is to achieve fair, quick, and effective resolution without lengthy litigation.

Who Can Be an ADR Entity in Slovakia?

In Slovakia, these may include:

• Slovak Trade Inspection (SOI) – the most common entity for consumer disputes.

• Chamber of Notaries of the Slovak Republic

• Slovak Bar Association

• Arbitration courts and ADR centers

Also specialized professional or sectoral bodies such as the Association for Banking Services, and regulatory authorities in telecommunications, insurance, or energy. These entities are listed by the Ministry of Economy of the Slovak Republic, which also oversees their activity.

Frequently Asked Questions About ADR

Which Disputes Are Not Suitable for Mediation?

• Disputes excluded from mediation by law (e.g., marriage formation/dissolution, maternity determination, adoption).

• Conflicts concerning fundamental human and constitutional rights.

• Cases involving addiction, major power imbalance, or emotional crises (better handled by a therapist).

• Situations where one party refuses to share necessary information or violence/criminal activity is involved.

• When one party prefers a decision from a judge or arbitrator.

When and How Does ADR Start?

1. The mediator contacts the other party with a proposal to resolve the dispute out of court.

2. If the offer is not accepted within 14 days, mediation is not possible and court proceedings may continue.

3. If both agree, a “Dispute Resolution Agreement” is signed, serving as proof of the result.

Most Common Types of Disputes Resolved Through Mediation:

• Family disputes before, during, and after divorce (e.g., property division, child custody).

• Inheritance disputes not settled with a notary.

• Business disputes, using facilitation and negotiation techniques.

ADR is thus an effective, fast, and economical alternative to litigation, requiring both parties’ willingness to cooperate on resolving the conflict.

What Is the Difference Between Mediation and Arbitration?

• Mediation: a neutral party (mediator) assists parties in finding an agreement, which is not legally binding until signed.

• Arbitration: the dispute is resolved by an arbitrator or arbitration court, and the decision is binding and enforceable like a court ruling.

What If the Other Party Refuses to Cooperate?

ADR only works with the consent of both parties. If the other party refuses, the only remaining option is to go to court.

How Long Does ADR Take?

It should be completed within 90 days of initiation, although this may be extended in complex cases.

Is ADR Mandatory?

No, it is voluntary and both parties must agree to the process.

Is There a Fee for ADR?

In most cases, it is free for consumers. Some entities may charge a fee, however.

Who Handles ADR in Slovakia?

Most commonly:

• Slovak Trade Inspection (SOI) – especially for consumer disputes,

• state regulatory bodies (e.g., URSO, ÚRSO, TÚSR),

• professional chambers (e.g., Slovak Bar Association),

• established mediation centers and arbitration courts.

When Can ADR Be Used?

ADR may be used for example when:

• you are dissatisfied with a purchased product or service,

• the seller rejects or ignores your complaint,

• a dispute arises between a consumer and a seller.