Mediation
Mediation is a modern and alternative way of resolving private disputes (whether civil or commercial) where the parties have the power to settle the scope of the dispute themselves. In the voluntary mediation procedure, the parties voluntarily come forward with a written agreement and seek to resolve their dispute out of court by assigning the handling of the mediation process to an accredited mediator who is acceptable to both sides. Mediation was introduced into the Greek legal order by Law 3898/2010 and is currently governed by Law 4640/2019.
Key features of the mediation process are confidentiality and secrecy. The accredited mediator, having been suitably trained in negotiation techniques, acts as a neutral and impartial third party in the process. With the mediator’s assistance and guidance dialog is conducted between the parties on an equal footing with the aim of reaching an agreement that is mutually acceptable to both parties. Where the parties reach agreement in a spirit of cooperation and mutual respect, the agreement is captured in writing in a “successful mediation” report. That report can constitute an enforceable title (under Article 904 of the Hellenic Code of Civil Procedure) provided the necessary procedure is followed before the competent court.
Family mediation
This is a way to resolve family law disputes –such as maintenance for a child and/or spouse, contact with children, financial issues arising from dissolution of the marriage, etc.– out of court.
Cadastral Mediation
This is a way to resolve issues relating to real estate law and cadastral disputes, such as correcting inaccurate initial cadastral entries under Article 6(2) of Law 2664/1998.
Commercial mediation
This is a way to resolve commercial disputes such as disagreements between merchants, companies, partners, shareholders or others, or disputes arising from trademarks, commercial agreements, and so on.
Other types of mediation
Maritime mediation, medical mediation, sports mediation, banking mediation, and so on.
Why should I opt for mediation?
Mandatory Initial Session under Law 4640/2019
Law 4640/2019 requires that there be a mandatory initial mediation session. It is a necessary preliminary stage for disputes specified in Article 6 of that Law which are to be resolved by mediation.
The purpose of that session is for the parties to learn more about the mediation process and how they could resolve their dispute out of court using the services of a specially accredited mediator and then to bring their dispute to mediation if they so wish. After the session takes place, the mediator prepares a report on the session which is signed by them and all participating parties. If the parties opt to then bring their dispute to mediation, the parties can jointly agree to use the mediation services of the same mediator.