Mediation or other processes to resolve disputes

Mediation by the data protection supervisory authorities of the Member State in which the data exporter is established should be an option where they provide such a service.

Mediation by the supervisory authorities of a Member State should be an option where they provide such a service.

Mediation procedure

CONSULTATION AND MEDIATION

Good Offices, Conciliation and Mediation

Good offices, conciliation or mediation may be requested at any time by any party to a dispute.

If good offices or mediation are not undertaken or if there is no settlement by negotiation, good offices or mediation, a Party may have recourse to conciliation in accordance with the procedure laid down in the Annex of this Convention.

Good offices, conciliation and mediation are procedures that are undertaken voluntarily if the parties to the dispute so agree.

Unless the Parties decide otherwise, the terms of reference of the mediation shall be those set out in the consultation request.

e) to mediate between countries or organisations upon request, any expenses of mediation being borne by those making the request;

If the parties to a dispute agree, procedures for good offices, conciliation or mediation may continue while the panel process proceeds.

The mediation procedures and in particular the information exchanged and the positions adopted during these procedures shall remain confidential.

If the parties concerned cannot reach agreement by negotiation, they may jointly seek the good offices of, or request mediation by, a third party.

If the Parties concerned cannot reach agreement by negotiation, they may jointly seek the good offices of, or request mediation by, a third party.

The selection shall be made within 20 days of the mediation request being submitted, in the presence of a representative from each of the Parties.

22.2 If the parties concerned cannot reach agreement by negotiation, they may jointly seek the good offices of, or request mediation by, a third party.

Once procedures for good offices, conciliation or mediation are terminated, a complaining party may then proceed with a request for the establishment of a panel.

The Director-General may, acting in an ex officio capacity, offer good offices, conciliation or mediation with the view to assisting Members to settle a dispute.

in case of disputes, encourage their members to use the available out-of-court procedures (mediation, arbitration), and include these in the collective agreement system.

Failure to reach agreement by good offices, mediation or conciliation shall not absolve parties to the dispute from the responsibility of continuing to seek to resolve it.

Disputes arising from the interpretation and implementation of this Agreement shall be settled by consultations between the Parties and without the mediation of third parties.

If those negotiations do not settle the dispute within a reasonable period of time, it may be submitted to UNESCO for mediation, by agreement between the States Parties concerned.

b facilitate, by mediation, conciliation or similar means, agreed solutions for the protection of the person or property of the child in situations to which the Convention applies;

In a conflict where no Protecting Powers are appointed the Director-General may lend good offices or act by any other form of conciliation or mediation, with a view to settling the disagreement.

(1) An enterprise may use a call system without the mediation of an individual, facsimile transmission machine or electronic mail only by prior consent from the consumer to whom a message is addressed.

If mediation is not undertaken or if there is no settlement by mediation, the provisions relating to the settlement of disputes set out in Part XV of the United Nations Convention on the Law of the Sea apply mutatis mutandis to any dispute between States Parties to this Convention concerning the interpretation or application of this Convention, whether or not they are also Parties to the United Nations Convention on the Law of the Sea.

1 Any disputes regarding the interpretation or application or this Protocol shall be resolved in the first instance through negotiation, mediation or conciliation, or other peaceful means chosen by parties to the dispute.

States have the obligation to settle their disputes by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.

The complaining party may request the establishment of a panel during the 60-day period if the parties to the dispute jointly consider that the good offices, conciliation or mediation process has failed to settle the dispute.

in case of potential violation of rights, provide their members with suitable help, whereby priority shall be given to the amicable settlement of disputes and to various forms of out-of-court settlement of disputes (mediation, arbitration).

Where the Parties do not settle the dispute after having recourse to the consultations provided for in Article 47 or after engaging in the mediation referred to in Article 48, the complaining Party may request the establishment of an arbitration panel.

Proceedings involving good offices, conciliation and mediation, and in particular positions taken by the parties to the dispute during these proceedings, shall be confidential, and without prejudice to the rights of either party in any further proceedings under these procedures.

When good offices, conciliation or mediation are entered into within 60 days after the date of receipt of a request for consultations, the complaining party must allow a period of 60 days after the date of receipt of the request for consultations before requesting the establishment of a panel.

In order to prevent or resolve disputes or to avoid proceedings before a judicial authority affecting children, Parties shall encourage the provision of mediation or other processes to resolve disputes and the use of such processes to reach agreement in appropriate cases to be determined by Parties.

Unless the Parties to the dispute agree on a mediator within ten days of the mediation request being submitted, the Chairperson of the EPA Committee or his/her delegate, shall choose by lot a mediator from among the individuals on the list referred to in Article 64 and who are not citizens of the Parties.

3) If, within six months from submitting a request as stated in Paragraph 2 of this Article, the concerned parties are unable to resolve the dispute through negotiation, good services, mediation or conciliation, any Party concerned may request that an independent fact-finding expert committee be established.

Any dispute which may arise between two or more Parties with respect to the interpretation or application of the provisions of this Agreement shall be subject to negotiation between the Parties involved in the dispute, or to mediation or conciliation by a third party if this is acceptable to the Parties concerned.

In the event of a dispute between two or more Parties concerning the interpretation or application of this Convention, the Parties concerned shall seek through diplomatic channels a settlement of the dispute through negotiation or any other peaceful means of their own choice, including good offices, mediation, or conciliation.

2) If the concerned parties are unable to resolve the dispute through negotiation, upon the request of one of the concerned parties, they may jointly seek good services, mediation or conciliation from a third party, or they may agree to refer the dispute to arbitrage in accordance with Annex II of this Agreement, or to the International Court of Justice.

The settlement of disputes arising in connection with the determination of terms and conditions of employment shall be sought, as may be appropriate to national conditions, through negotiation between the parties or through independent and impartial machinery, such as mediation, conciliation and arbitration, established in such a manner as to ensure the confidence of the parties involved.

In dispute settlement cases involving a least-developed country Member, where a satisfactory solution has not been found in the course of consultations the Director-General or the Chairman of the DSB shall, upon request by a least-developed country Member offer their good offices, conciliation and mediation with a view to assisting the parties to settle the dispute, before a request for a panel is made.

In case of a dispute between Parties as to the interpretation or application of this Agreement, the Parties shall seek a settlement of the dispute through negotiation or any other peaceful means of their choice, including submission of the dispute to the European Committee on Crime Problems, to an arbitral tribunal whose decisions shall be binding upon the Parties, mediation, conciliation or judicial process, as agreed upon by the Parties concerned.

In promoting and developing the system of collective agreement and strengthening the social dialogue at all levels we shall establish, if required, new forms of co-operation between the partners which are known in the EU Member States (social partners' joint committees for different fields and social dialogue committees on the level of industry, region, municipality, society and institution) and new institutions for peaceful settlement of disputes (mediation, conciliation etc).

(1) A fine of not less than 1,000,000 tolars shall be imposed on an individual who commits an offence in connection with the independent performance of a professional activity, and no less than a fine of 3,000,000 tolars on a legal person 1. for not conducting business with consumers in the Slovene language or for not using their full registered company name and address in written communications to consumers, or for not using at least their abridged registered company name and address in written communications which are not intended for a particular individual consumer (first and second paragraphs of Article 2) 2. for not allowing, as a provider of information society services, for a simple direct and constant access to the data referred to in the third paragraph of Article 2 (third paragraph of Article 2) 3. for advertising goods or services in a manner which is in contrast with the law, indecent or misleading, or for not advertising goods or services in the Slovene language (Articles 12, 12a and 12b) 4. for advertising goods or services through a means of comparative advertising which is contrary to provisions of this Act (Article 12c) 5. if the advertising of goods or services includes elements which cause or which could cause physical, mental or other harm to children, or elements which exploit or which could exploit their trusting nature or inexperience (Article 15) 6. for advertising messages which are part of or present a service of an information society and are not in accordance with Article 15a (Article 15a) 7. for failing to issue to the consumer, upon the conclusion of a contract for goods referred to in Article 15b, a warranty certificate, technical instructions and a list of authorised service agents, or if these documents are not entirely in the Slovene language and easily understandable (first and third paragraphs of Article 16) 8. for failing to provide repair and maintenance of a product for the period covered by a warranty or for its extended period, free of charge, and after that period for a charge, by providing this service itself or through an authorised representative (fourth paragraph of Article 16) 9. for failing to provide maintenance, replacement parts and attachable components also after the expiry of the warranty period (fifth paragraph of Article 16) 10.for failing, as a seller of residential or business property, to hand over to a purchaser, a warranty for all of the built-in products referred to in Article 15b, no later than at the handing over of the title of ownership of the property (eighth paragraph of Article 16) 11.for failing to include all the data referred to in the first paragraph of Article 18 of this Act in a warranty certificate 12.for acting as the producer in contrast with the first paragraph of Article 20 13.for not selling goods or providing services to consumers under equal conditions (second paragraph of Article 25) 14.if the highest percentage reduction on the price of goods offered in a clearance sale, declared as a percentage range, does not account for at least one-quarter of the value of all goods offered in the clearance sale (third paragraph of Article 28) 15.for failing to provide instructions for use in line with Article 33 of this Act for goods which, for their correct use require a certain procedure or which, if used incorrectly, could cause damage to the user or to others, or could pollute the environment 16.for failing, in the final computation, to calculate and pay to the consumer interest on the prepayment of goods or services at the interest rate applied by banks to deposits fixed for over three months (Article 41) 17.for failing to deliver goods in perfect condition, in the agreed quantity and at the agreed time with all the accompanying documentation, when delivery to the consumer's home or elsewhere has been arranged (first paragraph of Article 42) 18.for leaving goods at the door of the consumer's home in the case of home delivery (second paragraph of Article 42) 19.for failing with regard to a distance contract to provide the consumer with the data referred to in Article 43b of this Act on a relevant permanent data carrier within the prescribed times (Article 43c) 20.for not confirming, as a provider of information society services, orders in electronic format, other than exceptions stipulated by the law, or for not submitting the provisions of the contract in a form which will assure its preservation for later use (third paragraph of Article 43b) 21.for failing to return, in due time, all the payments made in the case where a consumer cancels a contract concluded at a distance or away from premises (first paragraph of Article 43d and fifth paragraph of Article 46c) 22.for using a call system without the mediation of an individual, facsimile transmission machine or electronic mail without prior consent from the consumer, to whom a message was addressed (first paragraph of Article 45a) 23.for sending messages to consumers with the intention of concluding a contract to supply goods or services, regardless of a consumer's declaration that he/she no longer wish to receive such mail (third paragraph of Article 45a) 24.for failing with regard to a contract negotiated away from the business premises to hand over to the consumer, in the prescribed period of time, a written notice containing at least the registered company name and address, the type and price of the goods and the rights of the consumer under the provisions of Article 46c of this Act, as well as place and date (Article 46b) 25.if the price for the delivery of energy or water to a consumer is not calculated according to the actual delivery, or if the measurement of the actual delivery of energy or water is not carried out in the prescribed manner (Article 48) 26.for failing to allow for the premature settlement of the outstanding balance of the purchase price, exclusive of contractual interest while buying on hire purchase (Article 51) 27.for not returning already paid instalments while buying on hire purchase with the legally prescribed belated interest due from the date of receipt of payment, as well as the unavoidable costs incurred for the goods (Article 54) 28.if a company organising group excursions and travel has failed to insure the travellers adequately (Article 58) 29.if a timeshare contract for tourist facilities is not made in writing (Article 60a) 30.if the contract does not include the prescribed data (Article 60b).

11. mediation in the conclusion of loan and credit transactions

How do various forms of message mediation affect concrete images of women?

The journalist's only role is the 'neutral' mediation of other people's statements.