Regarding the issue of procedural capacity in procedures for the protection of patients' rights, the provisions of the ZPacP, which regulate the special manner of exercising the rights of patients who are incapable of making decisions for themselves, apply mutatis mutandis to patients who are incapable of making decisions for themselves. (Section 8 – Children, Patients with mental health problems) When the child's parents decide on the initiation of procedures, a consensual decision is not required.

The initiation of procedures may also be requested by close family members or close persons, if the patient agrees. After the patient's death, the initiation of procedures may be requested by the patient's close family members.

Patients who are incapable of making decisions for themselves have the right to have their participation ensured to the greatest extent possible in the procedures for addressing violations of their rights and to have their opinion taken into account, if they are capable of expressing it and if they understand its meaning and consequences.

Enforcing violations of patient rights under the ZPacP is not a condition for exercising the right to possible judicial protection.

At the first level, a patient who believes that one or more of his or her rights as defined in the ZPacP have been violated may take action, either on his or her own initiative or through a representative. The first hearing of a violation of a patient's rights is held before a competent person of the healthcare provider based on the patient's written or oral request.

A representative needs a written authorization from the patient to represent him. If the patient decides to be a representative, he must also be aware of the deadlines set by law for exercising his rights (15, 30 days or, exceptionally, 3 months). If the dispute is not resolved in the first hearing, the patient may request protection in the context of a second hearing of the violation of patient rights in the procedure before the Commission of the Republic of Slovenia for the Protection of Patient Rights, which is composed of 75 experts in the field of medicine. For each case under consideration, a smaller commission is formed from a set of these experts to decide on the specific case.

The violation is considered before the Commission of the Republic of Slovenia for the Protection of Patients' Rights:

• in the process of concluding a settlement between the patient and the healthcare provider,

• in a mediation process with the help of a mediator who mediates between the patient and the healthcare provider, or in a process before a three-member panel consisting of a representative of a non-governmental organization, an expert in the field of healthcare, and a lawyer.

Mediators in healthcare are enabled by the Patient Rights Act. They will help dissatisfied or aggrieved patients find a solution without going to court. Mediation is a peaceful dispute resolution process in which the parties to the dispute, with the help of an impartial intermediary (mediator), seek a solution to the dispute that best takes into account everyone's interests and with which everyone is satisfied.

It is important that the parties in the dispute primarily seek a favorable resolution of the dispute and not an effort to win the dispute and harm and devalue the opposing party. If the mediation is successful, it ends with the conclusion of an agreement between the patient and the healthcare provider. The parties may, by agreement, submit the agreement reached to the president 

The Commission of the Republic of Slovenia for the Protection of Patients' Rights for confirmation. The agreement thus confirmed is an enforceable title, which means that in the event of its non-compliance, the patient does not need to file a lawsuit with the court, but can directly obtain from the court the execution of the provider's obligations that were agreed upon in the agreement.

The first 16 healthcare mediators, who will attempt to resolve disputes between patients and doctors and between employees within healthcare institutions peacefully, bypassing the courts, completed their training in 2011. The mediators include doctors, nurses, communication specialists, people involved in the quality of healthcare services, and two patient rights representatives.