● Committed by the Code of Ethics to operate with impartiality.
● Makes informative preliminary communication with the parties and the lawyers of both sides regarding the Mediation process.
● Clarifies which persons will participate in the Mediation.
● Checks the authorization / power of attorney of the parties’ representatives in the mediation. In Greece, the parties are obliged to attend the Mediation with their lawyers, except in cases involving small consumer disputes up to 5000 euros.
● Ensures equal participation of the parties in the process ( equal speaking time for each party, etc.)
● Explains to the parties the principles and process of Mediation.
● Signs with the parties the agreement to submit the dispute to Mediation. The agreement constitutes an acceptance by the parties of the rules governing Mediation and a commitment to mutual cooperation and good faith. Participation in Mediation may be voluntary or required by law.
● It is bound by the principle of confidentiality. He/She cannot attend the Court as a witness for positions, proposals, agreements heard in the context of Mediation. This of course applies to everyone who attended the process.
● Cultivates a climate of trust in his/her person and in the process
● Explores the real interests and real needs of the parties in one-on-one meetings.
● Formulates with the parties the list of issues to be resolved.
● Identifies the points of engagement and disagreement of the parties.
● It encourages the parties to participate in the process and reach an agreement.
● Gets into the real grounds of the dispute that are hidden under the positions of the parties.
● It highlights and recognizes the emotions that prevent the parties from approaching each other.
● Explores all possible solutions. It manages the parties’ expectations.
● Examines together with the parties the realism of their positions.
● Orients the parties to the future and reaching an agreement using objective criteria.
● Helps parties overcome impasses.
● It is the custodian of the strategic information of the parties
● Prevents conflicts between parties by intervening in order to defuse a tense situation
● It helps the parties to negotiate.
● Forms the framework of the agreement.
● It reflects the agreement of the parties which is drawn up and formulated by their lawyers.
● He/She signs together with the parties and their legal representatives the Mediation protocol which includes the agreement to submit the dispute to Mediation and the agreement on the resolution of the dispute which is binding for the parties.
● Submits, by order of the parties, the Mediation protocol to the Secretariat of the Single-Member Court of First Instance in order to make the title enforceable.