Mediation is the out-of-court method of resolving disputes that is satisfactory to all in which a neutral and impartial third party and qualified Mediator helps the parties involved negotiate and communicate with each other to find a mutually acceptable solution to their dispute. By reaching an agreement there are no winners and losers as there are with a court decision.

Mediation contributes to the improvement of communication and consequently to the restoration of the commercial, family and personal relations of the parties.

The parties appear in person together with their legal representative (attorney). Solicitors play an important role in the whole process as they will legally guide their clients and work with the Mediator to implement a legally feasible agreement

The role of the Mediator is to facilitate communication and negotiations between the parties involved without taking a position in favor of one side or the other. The Mediator does not judge or decide the dispute.

The Mediator ensures that the process complies with the law and runs smoothly.

The minutes of agreement of a successful Mediation can, on the initiative of either of the two parties, be filed with the registry of the Court of First Instance competent in terms of content and location and become an enforceable title, i.e. a decision that can be enforced, as is the case with court decisions.

The benefits of mediation

Mediation offers many and important benefits.

First of all, it gives the possibility to resolve the dispute within a very short period of time (with an average duration of 5 to 75 days from the date of expression of interest until the signing of a mutually beneficial resolution agreement) much sooner compared to that required to hear a case in court, while this will be done at a significantly lower cost than a long legal battle will require.

The cost of Mediation is controllable, because on the one hand it is agreed in advance and on the other hand it is borne equally by both parties involved. (Unless there is another agreement).

In addition, the parties involved are in complete control of their case, as they themselves will decide on the outcome of their dispute, formulating and choosing together their own solution, the one that meets their expectations and needs with the support of the Mediator.

Noteworthy is the fact that they can withdraw at any time they wish during the process without penalties and sanctions and therein lies the voluntary nature of the institution.

Equally important is the fact that all those involved in the process commit to confidentiality from the outset, the non-disclosure of information related to the subject of the Mediation.

The Mediation process is conducted in a confidential context, where it does not allow the disclosure of sensitive information, which concerns the parties and the dispute that concerns them. Confidentiality of the process is guaranteed in writing before the initiation of the process.

Furthermore, while the Mediator communicates and meets with each of the parties separately, the information obtained during these contacts is not allowed to be disclosed by one party to the other party without their consent.

The resolution of the dispute is carried out in a safe environment, where it protects the parties from any negative publicity while at the same time facilitating them to maintain a favorable climate between them.

Also, during a Mediation, minutes are not kept, as in court, and those who participated in any way are not examined as witnesses and furthermore are prevented from presenting evidence arising from the process or related to it, unless this is required for reasons of public order (e.g. for the protection of minors).

Mediation is widely accepted, and offers an excellent opportunity for both citizens and businesses to experience an alternative way of resolving disputes.

If they choose it, a new world of significant advantages opens up before them. If they do not choose it or if they decide to withdraw from the process the courts are and will always be available!

Mediation Legislative Bill

On Wednesday, January 15, 2020, the provisions of Law 4640/2019 came into force, which, among other things, make the Initial Mediation Session (IAS) mandatory in Family Law cases.

Framework N 3898/2010 & N 4512/2018

In Greece, the Mediation process is regulated by N 3898/2010 and N 4512/2018 and is applied to civil and commercial disputes, where the parties have “power to dispose of the subject of the dispute”, i.e. they can decide freely, without a court order , about the fate of their difference.

The parties involved participate in the process with their lawyers.

The agreement reached by the parties to resolve their dispute is binding (enforceable title) from its filing in the registry of the competent Court of First Instance in the region of which the Mediation took place and may be judicially required to comply with it.