Statute of
European Association for Transformative Mediation
Definition of the Association
Article I
(Definition)
(1) European Association for Transformative Mediation (hereinafter the Association) is voluntary, independent, non-profit association of legal persons and , who operate in the field of transformative mediation, and is founded with purpose of implementation of common interest.
(2) Natural persons are engaged in the Association by legal persons, of which they are employees or members.
(3) The Association is the legal person of private law that works on the range of European union.
Article II
(Name and seat)
(1) Name of association is: European Association for Transformative Mediation.
(2) The seat of the Association: Ljubljana.
(3) Address of the seat of the Association: Kuzmičeva ulica 2, 1000 Ljubljana.
Purpose, aims of activity and activity of the Association
Article III
(Purpose of Association)
The core purpose of the Association is enhancement of recognisability and development of transformative mediation and connecting of organizations that engage in transformative mediation.
Article IV
(Aims of activity of the Association)
Aims of activity of the Association are:
• To enhance recognisability of transformative mediation in countries of European Union,
• Connecting organizations that implement and apply transformative mediation,
• Development of the field of transformative mediation,
• Elevating the professional level of transformative mediation in countries of European Union,
• Study of transformative mediation and active cooperation of members of Association in this field,
• Promotion of transformative mediation and members of the Association,
• To provide assistance to members of the Association at implementing their activities in the field of transformative mediation.
Article V
(Activities of the Association)
(1) Activities of the Association encompass:
• Organization of professional and other lectures, round table discussions and other events,
• Organization of education and trainings,
• Organization of professional meetings, congresses, and conferences,
• Studying of drafts of new legal regulations and cooperation at their admitting with proposals,
• The exchange of experience in the field of transformative mediation,
• Publishing activity,
• Reciprocal informing of members of the Association and informing of general public on the action of the members of the Association,
• Offering possibility to members of the Association to publish information on web page and other information and communication tools,
• Supporting the members of the Association at programmes and projects of the Association.
(2) The Association can carry out for achievement of the goals the following lucrative activity:
• Publishing activity, in sense of publishing of publications, that the Association issue at performing of its activity with contents that serve achieving of intention and goals of the Association:
J58.110 Publishing of books.
J58.140 Publishing of magazines and other periodicals.
Conditions and ways of affiliating and ending of the membership
Article VI
(Conditions for the membership in the Association)
(1) Member of the Association can be legal person from the area of European Union, which:
• Has in statute, founding contract or in other appropriate fundamental act determined intention or goal of activity in the field of mediation,
• Is register to engage in mediation or activities related to mediation,
• Operates actively in the field of transformative mediation and meets requirements for members of the Association determined by this statute and other acts of the Association.
(2) Members of the Association can be also legal persons from European states that are not members of European Union.
(3) The Association has also honorary members, which are confirmed by the Board of Directors on proposal of member of the Association.
(4) Honorary members can be members or non-members of the Association. When a member of the Association is assigned honourable membership he or she has equal rights as the rest of the members, whereas if the non-member of the Association is assigned by honourable membership he or she does not have voting and electoral rights.
Article VII
(Way of affiliating)
(1) Legal person who wants to become a member of the Association has to submit written application, which displays fulfillment of conditions and meets accession statement.
(2) Application must incorporate:
• Copy of the statute, founding contract or other appropriate fundamental act from which intention or goals of engagement in activity in the field of mediation are noticeable.
• Signed statement on form about activity in the field of transformative mediation and fulfilled requirements for members of the Association determined by this statute and other acts of the Association.
(3) Application is examined by the Board of Directors of the Association which ascertains compliance or noncompliance of requirements for membership in the Association. About this, the Board of Directors informs the candidate for the membership.
Article VIII
(Ending of the membership)
(1) Membership in the Association ends:
• With voluntary withdrawal of membership,
• With omitting,
• With exclusion,
• With lapse of membership.
(2) Member can voluntary withdraw from the Association by submiting written statement of withdrawal and written decission of his or her competent authority, concerning withdrawal.
(3) Member is omitted out of register of members if he or she does not pay registration fee in current year in spite of written admonishment.
(4) About the exclusion of the member because of noncompliance of requirements for membership in the Association or noncompliance of obligations of member determined by this statute and other acts of the Association, Court of Honour decides. An expellee can appeal to Assembly of the Association against decision of the Court of Honour within the time period of 15 days.
Article IX
(Rights and duties of members)
(1) Rights of the members of the Association are:
• Taking part in all activities of the Association,
• To cooperate at the content coordination of activity of the Association,
• The Association is ensuring informing about activity of member on its web page and other ways,
• Right to co-manage in the Association,
• Right to suggest candidates for functions in organs of the Association,
• Voting right,
• Insight in financial standing and material business of the Association.
(2) Duties of the members of the Association are:
• To respect the statute of the Association and other acts of the Association and other conclusions of organs of the Association,
• To operate in the interest of the Association and to guard reputation of the Association,
• Executing work programme of the Association,
• Duty to respect code of ethical code in the field of transformative mediation that the Assembly of the Association accepts,
• At way, determined with general acts of the Association, member has right and duty at his or her activity to present with sign for assigned certificate of quality that the Assembly of the Association grants.
Administration of the Association
Article X
(Organs of the Association)
(1) Organs of the Association are:
• Assembly,
• Board of Directors,
• Supervisory Committee,
• Court of Honour.
(2) Members of the organs of the Association are elected based on propositions of members of the Association. Each member of the Association is represented on the Assembly of the Association by one authorised natural person. If member ends membership in the Association, also function of the person that was suggested by the member ends.
Article XI
(Assembly)
(1) Assembly of the Association is the highest organ of the Association and consists of all members of the Association.
(2) Members of the Association are represented by their authorised natural persons. Each member of the Association is represented by one authorised natural person at the Assembly of the Association.
Article XII
(Jurisdictions of the Assembly)
Assignments of the Assembly are:
• Infers agenda,
• Accepts, modifies and supplements statute and other internal acts of the Association,
• Admits financial plan and programme of work of the Association,
• Admits annual report,
• Votes and resolves members of administrative and the Supervisory Committee and the Court of Honour,
• Decides about amount of membership fee,
• Decides about complaints against decisions of the organs of the Association and against decisions on the refusal of membership,
• Decides about participating in other related organizations,
• Decides about ending of the Association,
• Decides about other affairs based on the statute and other internal acts of the Association,
• Decides about other affairs suggested by the organs and members of the Association in accordance to purpose and goals of the Association.
Article XIII
(Activity of the Assembly)
(1) Assembly is convened and run by the director of the Assembly at least once a year, yet it can be convened at anytime by at least one third of members of the Association.
(2) Unless the statute or inner acts of the Association determines otherwise, Assembly can validly deliberate, if at the time when it is convened there are present at least half of members of the Association, while after half-hour postponement the Assembly also validly deliberates if there are present less than half of members but at least three members of the Association. Decision of the Assembly is validly adopted if more than half of present members of the Association votes for it. Changes and amendments of the statute and decision about ending of the Association the Assembly accepts by two-thirds majority of votes of present members.
(3) Regarding the reference of the Assembly of the Association and submitted agenda and materials, members of the Association must be informed about the reference at least 7 days before.
(4) Legitimate representative appoints recorder for each meeting of the Assembly, who runs report of work of the Assembly and accepted decisions.
(5) Meeting of the Assembly can also be run correspondently.
Article XIV
(Board of Directors)
(1) Board of Directors is executive organ of the Association and performs organizational, professionally technical and administrative works and guides work of the Association between two assemblies.
(2) Board of Directors consists of the President of Association, the Secretary General of the Association and up to 5 members. Among the members of the Association members of the Board of Directors are elected by the Assembly of the Association for the period of 3 years. After the expiry of mandate, members can be re-elected.
(3) Board of Directors responds for its work to the Assembly of the Association.
(4) Member’s of the Board of Directors function is ceased before the end of the mandate period, when he or she resigns, if the Assembly of the Association resolves him or her from the function, and when member violates the law, this statute, inner acts of the Association, works in contradiction with interests of the Association or because he or she does not operate actively in the Association. In case when member of the Board of Directors resigns by himself or herself, his or her function ends with day when written resignation is given, whereas in case when the Assembly resigns a member then his or her function ends with day when decision about resignation is taken.
(5) Board of Directors passes criteria for active cooperation in the Association.
Article XV
(Jurisdictions of the Board of Directors)
Jurisdictions of the Board of Directors are:
• Takes care for execution of the work programme of the Association and implementation of goals and intention of the Association,
• Its preparing propositions for changes of the statute and propositions for inner acts of the Association,
• Prepares proposition of financial plan, programme of activity, makes reports about the work of the Association and annual report of the Association,
• Concerns for financial and material business of the Association,
• Cares for the assets of the Association,
• Manages property of the Association,
• Manages affairs regarding records of membership and annual reports of members,
• Implements other tasks derived by the acts of the Association and tasks that are additionally instructed by the Assembly.
Article XVI
(Activity of the Board of Directors)
(1) Board of Directors operates at meetings, that the President convokes when necessary, but at least twice a year.
(2) If the statute or inner acts of the Association do not determine otherwise then the Board of Directors can validly make decisions, if before voting at least half of the members are present, yet decision is accepted if more than half of the present members vote.
(3) Meeting of the Board of Directors can also be run correspondently.
Article XVII
(President of the Association)
(1) President presents the Association in front of the countries and other organs and organizations in Slovenia and as well abroad and is publicly ensuring activities of the Association abroad.
(2) President runs the Board of Directors.
(3) Among the members of the Association, the President is elected by the Assembly of Association for the mandate period of 3 years, and can be after the expiry of mandate re-elected.
(4) President is responsible to the Assembly of the Association for his or her work.
(5) Director’s function is ceased before the end of the mandate period, when he or she resigns, if the Assembly of the Association resolves him or her from the function, and when the member violates the law, this statute, inner acts of the Association, works in contradiction with interests of the Association or because he or she does not operate actively in the Association. In case when director resigns by himself or herself, his or her function ends with day when written resignation is given, whereas in case when the Assembly resigns a director then his or her function ends with day when decision about resignation is taken.
Article XVIII
(Secretary General)
(1) Among the members of the Association, the Secretary General is elected by the Assembly of the Association for the mandate period of 3 years, and can be after the expiry of mandate re-elected.
(2) Secretary General represents the Association within legal traffic and is responsible for legitimate activity of the Association in accordance with law, this statute and inner acts of the Association. Secretary General is responsible to the Assembly of the Association for his or her work.
(3) Occupations of the Secretary General are:
• To organize, to run and be responsible for business of the Association,
• Is ensuring conditions for work of the Assembly and other organs of the Association and implements decisions made by the organs of the Association,
• Is coordinating work of the organs of the Association,
• Is responsible for legitimacy of business of the Association,
• Runs financial and material business,
• Is accomplishing other tasks on the authority of the Board of Directors.
(4) In case of absence of the Secretary the General President of the Association represents the Association.
(5) Secretary General’s function is ceased before the end of the mandate period, when he or she resigns, if the Assembly of the Association resolves him or her from the function, and when member violates the law, this statute, inner acts of the Association, works in contradiction with interests of the Association or because he or she does not operate actively in the Association. In case when director resigns by himself or herself, his or her function ends with day when written resignation is given, whereas in case when the Assembly resigns a director then his or her function ends with day when decision about resignation is taken.
Article XIX
(Supervisory Committee)
(1) Supervisory Committee exercises control over the disposal of property of the Association and over financial and material business of the Association.
(2) Supervisory Committee consists of 3 members of the Association elected by the Assembly of the Association for the period of 3 years. Members of the Supervisory Committee cannot be members of the Board of Directors.
(3) To the member of the Supervisory Committee function is ceased before the end of the mandate period, when he or she resigns, if the Assembly of the Association resolves him or her from the function, and when member violates the law, this statute, inner acts of the Association, works in contradiction with interests of the Association or because he or she does not operate actively in the Association. In case when director resigns by himself or herself, his or her function ends with day when written resignation is given, whereas in case when the Assembly resigns a director then his or her function ends with day when decision about resignation is taken.
(4) Supervisory Committee responds for its work to the Assembly of the Association.
(5) Supervisory Committee is convened and run by the President of Committee who is elected among themselves members of the committee at the first meeting. For organization of the first meeting the Board of Director of the Association takes care of.
Article XX
(Jurisdictions and activity of the Supervisory Committee)
(1) Jurisdictions of the Supervisory Committee are:
• Monitoring and supervising of work of the Board of Directors and of legitimate representative,
• To perform inner supervision over financial and material business of the Association,
• Noticing whether the annual report comprises true display of property and business of the Association and reporting the Assembly before the admission of annual report,
• Noticing whether business books and annual report are enabling evaluation, whether the surpluses of revenue are above the income spent for realization of the purpose and goals of the Association or for provision of non-profit activity determined in this statute and noticing whether the surplus was used for this purposes and giving report about this before approval of the annual report.
(2) Supervisory Committee works at meetings that the President of Committee convenes when necessary, yet at least once a year, to do inner supervision over financial and material business of the Association and reports to the Assembly about it.
(3) Supervisory Committee validly make decisions, if before voting at least half of the members are present, yet decision is accepted if more than half of the present members vote.
(4) President of Committee at each meeting runs a report about admitted decisions.
(5) Meeting of the Supervisory Committee can also be run correspondently.
Article XXI
(Court of Honour)
(1) Court of Honour is the appeal body that decides about complaints of consumers against activities that members of the Association implement in the field of transformative mediation.
(2) Court of Honour consists of 3 members of the Association elected by the Assembly of the Association for the mandate period of 3 years and can be after the expiry of mandate re-elected. Members of the Boards of Directors cannot be members of the Court of Honour.
(3) Court of Honour responds for its work to the Assembly of the Association.
(4) Court of Honour is convened and run by the President of Honour who is elected among themselves members of the committee at the first meeting. For organization of the first meeting the Board of Director of the Association takes care of.
(5) To the member of Court of Honour function is ceased before the end of the mandate period, when he or she resigns, if the Assembly of the Association resolves him or her from the function, and when member violates the law, this statute, inner acts of the Association, works in contradiction with interests of the Association or because he or she does not operate actively in the Association. In case when member of Court of Honour resigns by himself or herself, his or her function ends with day when written resignation is given, whereas in case when the Assembly resigns a member of Court of Honour then his or her function ends with day when decision about resignation is taken.
Article XXII
(Measures)
Court of Honour can express the next measures to members of the Association:
• Participation in the process of mediation for the dismissal of complaints,
• Warning of member for minor violations of the statute or other inner acts of the Association,
• Decision-making on expel of a member.
Article XXIII
(Activity of the Court of Honour)
(1) Court of Honour works at meetings that the President of the Honour convenes when necessary.
(3) Court of Honour validly make decisions, if before voting at least half of the members are present, yet decision is accepted if more than half of the present members vote.
(4) President of the Honour at each meeting runs a report about admitted decisions.
(5) Meeting of the Court of Honour can also be run correspondently.
Article XXIV
(Affiliated organizations)
(1) Association at its activity cooperates with economic organizations, organizations of civil society and other organizations, which share in the field of transformative mediation the same goals and values and have interest to cooperate with the Association and support its activity (affiliated organizations).
(2) The way of cooperation with affiliated organizations the Association regulates with general acts.
Funding and financial business of the Association
Article XXV
(Sources of funding)
Sources if incomes of the Association are:
• Membership fee,
• Revenue from the sustentative rights and activities of the Association,
• Voluntary contributions, gifts, inheritance and bequest,
• Contributions from sponsors and donors,
• Funds from open tenders and appeals,
• Other activity consistent with this statute.
Article XXVI
(Property of the Association)
(1) If the Association in the pursuit of their activities creates a surplus of revenue over expenditure, it must spend it in order to achieve its purpose and goals or to carry out non-profit activities determined by this statute.
(2) The Association may not share its wealth with members. Each division with property among members of the Association is null.
Article XXVII
(Accountancy)
(1) The Association provides information on their financial and material operations in the manner and in the form determined by the policy of accountancy. The accounting policy is accepted by the Assembly of the Association within 6 months from the entry of the Association in the register of associations.
(2) Accounting policy must be consistent with the law and accounting standards for associations.
Article XXVIII
(Signing documents)
(1) Secretary General is signing financial and material documents of the Association.
(2) In the absence of the Secretary General the President of the Associations is signing financial and material documents.
Article XXIX
(Business of the Association)
The Association operates through transaction account open at the bank which has consent for business activity from the Bank of Slovenia.
Means of insuring the public works of the Association
Article XXX
(Insuring the public works)
(1)Work of the Association and its organs operates publicly. Each member of the Association has a right to an insight to financial and material documentations and business of the Association.
(2) The Association provides their public activity by informing its members about their activities and allows them to insight into the records of the Association.
(3) General public gets informed about the activity of the Association by inviting representatives of interested organs, organizations and media to the meetings of the organs, and by organizing round table meetings and press conferences.
(4) The President of the Association is responsible for ensuring public activity and giving accurate information about the work of the Association.
Way of ending of the Association and disposal of the property in this case
Article XXXI
(Ending of the Association)
The Association can end:
• By the will of the members,
• With union or the merger with other associations,
• With bankruptcy,
• Based on judicial decision,
• According to law alone.
Article XXXII
(Ending of the Association by the will of the members)
(1) The Association ends if two-thirds majority of votes of present members of the Association accepts conclusion about the ending of the Association.
(2) In conclusion about ending of the Association from previous paragraph, the Assembly determines association, institute, institution or other non-profit legal person, to which the property of the Association is transferred after the settlement of all obligations. The property of the Association cannot be transferred to political party.
Article XXXIII
(Ending with union or the merger with other associations)
(1) The Association can merge with other association that is established for related reasons and goals, determined by this statute.
(2) The Association can unite with other association that is established for related reasons and goals, determined by this statute.
(3) The conclusion about the union and the merge is accepted by two-thirds majority of votes of present members of the Association.
(4) In this case, the property of the Association is transferred to association with which the Association unites or to association formed by the merge.
Article XXXIV
(Ending with bankruptcy or based on judicial decision)
(1) The Association ends with bankruptcy, if over it the bankruptcy proceedings are completed by the standards regulating debt enforcement, bankruptcy and liquidation.
(2) The Associations ends on the basis of court decision, if judicial verdict prohibits operation of the Association.
(3) In this case, the property of the Association is distributed pursuant to the legislation in force.
Article XXXV
(Ending by the law alone)
The Associations ends by the law alone, if for this statuary conditions were met, determined by decision of the Competent Authority.
Final provision
Article XXXVI
This statute was approved at the correspondent meeting of the Assembly of the Association on June 20th 2013, yet it will be applied when the Competent Authority certifies it.
Ljubljana, 20.06.2013