New Croatian Mediation Act

On 26 March 2026 the new Mediation Act entered into force in Croatia.

The Act set the framework and procedure for mediation proceedings in civil, commercial, family, administrative and other disputes related to claims which the parties may freely dispose of.

The Act applies to mediation in the Republic of Croatia, regardless of whether the parties have their domicile or residence, or registered seat, in the Republic of Croatia, in another European Union Member State, or abroad and is fully harmonised with the EU regulations related to mediation. The mediation may be conducted before the court, mediation institution or in an ad hoc proceedings.

The mediation proceedings are based on the principles of procedural cooperation, proportionality, voluntariness, efficiency, equal treatment, party autonomy, confidentiality and impartiality of the mediator.

The purpose of the Act is to support mediation and the education of the mediators and to make the mediation as an alternative dispute resolution tool, easily accessible to the parties to a dispute.

It is important to emphasise that the Act aims to reduce litigation and among others, requires mandatory mediation for any disputes arising out of succession (probate) proceedings as well as for small value damage claims (labour law and insurance disputes are excluded). The initiation of the mediation proceedings cannot result in the loss of any rights due to statute of limitation or other time bare provision prescribed by the law. The party initiating the court proceedings after unsuccessful mediation is exempt form payment of the court fees.

The mediation can be initiated before or during the court proceedings or arbitration.

The Act establishes the National Mediation Centre, a state body, having a central role in mediation proceedings. It is vested with authority to give and recall consent to mediation institutions and education programs, conducts professional training for mediators and keeps the register of mediators and mediation institutions. It also has exclusive competence to mediate in the cases of mandatory mediation.

A settlement reached in mediation proceedings is binding for the parties and may constitute an enforcement title if it contains the enforcement clause (clausula exequendi).

The Act protects the parties’ procedural dispositions related to the proposals, evidence and acknowledgements of the counter party’s claims during the mediation proceedings because these procedural dispositions cannot be used to the detriment of the party making the disposals during the mediation.