This Master's thesis focuses on options for alternative dispute resolution systems in the insurance sector and thus describes the process of arbitration before Triglav Insurance Company's Institutional Arbitration and before the Ljubljana Arbitration Centre at the Chamber of Commerce and Industry of Slovenia, mediation of disputes within court mediation, mediation before the Slovenian Insurance Association, mediation with the Chamber of Commerce and Industry and other methods of alternative dispute resolution, i.e. the internal complaint procedure with the insurance company or the insurance service provider and the procedure before the Insurance Ombudsman. Finally, the Swedish and British systems are presented to compare and expand on the possible alternative dispute resolution systems.
The thesis follows the opinion that alternative dispute resolution methods in the insurance sector are an effective way of resolving a dispute and that they are properly regulated in Slovenia. There are several different procedures for the parties to choose from and it is essential that these procedures are cheaper and faster than litigation and do not reduce the procedural rights of the parties compared to litigation.
Nonetheless, the thesis draws attention to certain shortcomings, limitations and potential improvements to alternative dispute resolution methods, such as possibility of the establishment of arbitration within the Slovenian Insurance Association, the inappropriateness of settling disputes outside the court when it comes to substantive, legal issues, lack of knowledge and information on dispute resolution of the customers of insurance services as consumers and the need to be aware that a peaceful and effective solution to a dispute (whether in court or out of court) is the basis for good cooperation between the clients in the future.
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