Mediation

Mediation

The legal disputes that usually last for years and therefore the overburdening of the courts with any malfunctions that it entails, inevitably lead to the search for new ways of alternative dispute resolution.

In December 2010, the institution of mediation is introduced in our country and from January 2018, new provisions for the regulation of the institution apply.

Mediation is an out-of-court dispute resolution process. This procedure may be initiated by the parties to the dispute themselves, proposed or ordered by a court or provided for by the law of the Member State.

The mediator helps the parties reach an agreement, but does not formally express an opinion in favor of one or another possible solution to the dispute.

During mediation, the parties are invited to open or resume a dialogue and avoid confrontation. Resolution of the dispute depends on the parties reaching agreement; if the parties fail to reach agreement, the mediator does not impose a solution.

Mediation is considered faster and, most often, cheaper than ordinary court proceedings. It avoids the confrontation between the parties which is inherent in judicial proceedings and allows the parties to maintain their professional or personal relationship beyond the dispute. Mediation also enables the parties to find creative solutions to their dispute which they could not obtain in court.

Mediation and Trusted Mediators are governed by the principles of Independence and Impartiality.

Independence

Cases where they may affect or raise suspicions that they are affecting the Ombudsman’s impartiality should be reported by the Ombudsman to the parties prior to taking office or continuing to exercise them. The obligation to disclose such circumstances applies throughout the mediation process.

Impartiality

In the context of mediation, the mediator must act consistently and impartially towards the parties and ensuring that they are served equally.

Frequently Asked Questions

Private law civil and commercial disputes, if the parties have the power to have the object of their dispute.

In Greece, an Accredited Mediator:

  • Set the rules of the process
  • Facilitates dialogue
  • Summarizes and confirms the main points of communication, so that both sides understand the same things
  • If necessary, keep notes with all the necessary information
  • It always repeats the points of the joint agreement, if any, before they are recorded by the Lawyers of the parties in an agreement.
  • Does not issue a decision. The settlement of the dispute is reached by agreement of the parties involved, to which they have reached a free trade agreement. The mediator’s contribution is the facilitation of this agreement.

The presence of the attorney-at-law during the Mediation is mandatory under Greek law. But it is also very important for the smooth running of the process.

The legal representative of each party must have a very good understanding of the process.
He must inform his clients about the possibility of resolving their dispute through this new institution as well as prepare them for the process, providing his practical and legal advice during it.

When conducting mediation, he must patiently listen to the arguments of the other side. Provide any useful information that may help the Ombudsman understand the details of the dispute.

Because very simply through the judiciary there will be a court decision, which will justify only one part, possibly then it will be challenged by legal means, at great cost and court costs, without any of the parties having control of the proceedings. . In Mediation and Alternative Dispute Resolution, the parties themselves formulate the agreement they want at low cost and promptly.

What is said or revealed during the mediation process is not accepted as evidence in a future trial. Otherwise, the parties would never be encouraged to disclose information during this process.

This can also happen. Not all Mediation cases are resolved. The Mediation may take place in parallel with the other judicial actions of the parties. It does not cause any delay. Yes, it may fail, but in the meantime it may have built a communication dialogue between the parties, which has never existed before and may in the future facilitate the progress of another negotiation effort.