What Mediation is
Mediation is a method of out-of-court settlement of private disputes of civil, commercial and family law, in which the parties, with the help and assistance of the mediator, i.e. a third party, independent and neutral with respect to the parties involved, attempt to reach, through negotiation between them, a viable and mutually satisfactory settlement of their dispute.
Who is a Mediator
The Mediator shall act in a neutral and impartial manner, keeping confidential the information resulting from the mediation process. The Mediator has received special training from a mediator training body and, after passing successfully an examination, has been accredited by the Ministry of Justice.
The Mediator does not act as a judge, as he/she does not issue a decision and does not impose on the parties the solution of his/her choice. His/her role is to facilitate communication and negotiations between the parties in order to help them reach a mutually acceptable agreement, if they consider that this is in their best interests.
Which disputes are subject to mediation
Any civil, commercial or family law dispute may be subject to mediation if the parties have the power by law to settle the subject matter of their dispute without the need, according to the Law, for a court decision. Indicatively, disputes that may be resolved by mediation may be: Family (alimony, custody, communication, division of assets), labor, tenancy, inheritance, commercial, banking, shipping, civil medical liability cases, consumer, car accident disputes and many others.
What is the mediation process
The mediation process is conducted outside of court, is flexible and does not follow strict procedural rules and deadlines. This means that the Mediator, in consultation with the parties involved, determines the procedure to be followed according to the nature, characteristics and particularities of each case, consistent, of course, with the principles of mediation as guaranteed by the provisions of the Law on Mediation, L. 4640/2019.
The Mediator meets with the parties both in joint and separate meetings, in order to facilitate the process and achieve a positive outcome in their favor.
What is the duration of the mediation
The mediation process, depending on the kind, nature and complexity of the dispute, takes on average 8 hours, even within the same day.
Legal representatives in mediation
The attorneys representing the parties involved play a substantial and important role in the whole process, whose presence is required by law in order to provide legal advice throughout the mediation process, safeguard the interests of their clients, formulate their negotiating strategy and draft the final text of the agreement to be reached.
The confidentiality of the mediation process
The mediation process is conducted in a context of confidentiality, which does not allow the disclosure of sensitive information concerning the parties and their dispute. Prior to the commencement of the procedure, all participants shall undertake in writing to respect the confidentiality of the procedure. Furthermore, the Mediator may communicate and meet with each of the parties separately and the information obtained in the course of such contacts with one party may not be disclosed to the other party without the consent of the latter. This creates an environment conducive to the resolution of the dispute, which protects the parties from negative publicity and at the same time makes it easier for them to maintain a good atmosphere between them.
Benefits of mediation
A) Duration
The mediation process allows for a rapid resolution of the dispute within a very short period of time, much shorter than the time required to bring a case to court.
B) Cost
The cost of mediation is agreed in writing before the commencement of the proceedings between the parties and the Mediator and is borne equally by the parties involved. The costs are manageable and much lower than a long and costly court battle.
The cost should also include the rental of suitable premises with the necessary equipment for the mediation. Our office has premises suitably designed and equipped for mediation, so this cost can be avoided.
Validity of the Agreement
If the parties concerned reach an agreement on the settlement of their dispute, the document of the agreement reached shall be drawn up. Each party may file this document with the registry of the competent Court of First Instance (a fee of EUR 50.00 is required). Once filed with the registry of the Court, the record of agreement becomes enforceable. This means in practice that the agreement of the parties has the same effect as a court judgment.