Mediation
What is mediation
Mediation as an extra-judicial mechanism for resolving disputes is a legal tool established by the state to give citizens the opportunity to play a leading role in negotiating and exploring a possible solution to various issues that plague them and that most often linger in the courtrooms. This process is conducted within a specific framework with the help of a third party, a neutral, independent and specially trained person, the mediator, whose role is to help the parties involved to negotiate with each other, to understand their interests and to explore the possibility of reaching a mutually acceptable agreement that will serve to settle their dispute in a viable and satisfactory way.
Mediation – Procedure
How Mediation is done
Mediation is a flexible and voluntary process, the framework of which is agreed between the mediator and the parties involved, after taking into account the specific characteristics and circumstances of each case.
The outline of the procedure usually involves a joint meeting between the mediator and the parties and their legal representatives, who are required to be present with their clients throughout the procedure and provide them with legal advice, and then in private or joint meetings with them, alternately, where the mediator helps to improve communication and negotiation between the parties and to explore any proposals and solutions that may lead to the signing of an agreement, always with the consent of the parties.
At the final stage, the parties may or may not reach an agreement, at which point the mediator will draw up a record of agreement or non-agreement, depending on whether or not the parties reach a resolution of their dispute. If the parties reach an agreement, it shall be recorded in writing and filed with the registry of the court competent to settle the dispute, giving the agreement binding force on the parties who have signed it.
Mediation – What is the Mandatory Initial Session
There is no compulsory mediation under any circumstances. The only mandatory stage in this process is a single meeting between the parties and their lawyers before the mediator to explore whether their particular dispute can be resolved by mediation. This meeting is called a Mandatory Initial Meeting (MIM) and must take place no later than the court hearing.
Mediation – Law
Where it applies – Which disputes are subject to mediation
Mediation is applicable under the law ( Law 4640/2019, as amended) to a wide range of disputes such as, but not limited to, family disputes, co-owners’ disputes in apartment buildings, labour disputes, inheritance disputes, land registry cases involving inaccurate first registrations, debt actions, claims for compensation for road accidents and many others.
Mediation – How long does it take – Why choose it?
The length of time mediation takes varies depending on the characteristics and nature of each case, but usually takes about a day. The advantages offered by the procedure can be summarised in time and cost savings compared to the courts, while the whole mediation is covered by confidentiality to which all persons involved in the mediation are bound in writing.
Mediation – An opportunity for a civilizational solution
With all of the above characteristics, mediation is the ultimate opportunity for a civilized solution, where the parties, in a context of confidentiality, can themselves play a leading role with empathy and cooperation in a creative negotiation that may lead them to a viable and definitive solution in their interests.
