Our
Law Firm provides mediation, which constitutes an alternative way of
resolving disputes in civil and commercial law cases. The institution
of mediation became mandatory with the law 4640/2019 in cases that
are subject to the regular procedure of the civil courts and
specifically in disputes that are subject to the Multi-Member Court
of First Instance and the Single-Member Court of First Instance for
disputes over 30,000 Euros. It also applies to certain family
disputes, such as in cases involving child custody, alimony,
communication, etc. In the above cases, the law obliges the parties
to the dispute to participate in a Compulsory Initial Session (CIS),
whose purpose is to provide information on the mediation process in
order to decide whether they wish to settle their dispute through
this procedure or whether they wish a judicial solution. If the
parties wish to follow the mediation path, then they enter the
process of voluntary mediation.
Except
from the disputes that fall, according to the law, under the CIS, the
voluntary mediation process can be applied to a wide range of border
and cross-border disputes. The mediation introduces important
positive elements in the Greek legal system as it provides citizens
with the option to resolve their disputes out of court. This in
practice means that their disputes can be resolved in a significantly
shorter period of time than in the courts (approximately within 2
months) but also that the parties to the mediation will shape the
outcome of their dispute as they decide among themselves, through
negotiations, on the outcome of their case.
It
is worth noting that at the end of the mediation process and if an
agreement is reached between the parties, a report is drawn up
containing the terms of the agreement. This record may be submitted
at any time by any of the parties to the Secretariat of the competent
court in order for it to become an enforceable title. This
practically means that the agreement has the power of a court
decision and the parties are obliged to abide by it.
The
mediation process takes place before a third party, the mediator, who
is accredited by the Ministry of Justice for this role. His role is
to be neutral and impartial towards the parties and he is responsible
for the process. Throughout the process, the parties to the dispute
are required to come with their attorneys, who have the role of
advising their clients.
Our
Law Firm offers dual services for mediation. First of all, in the
staff of our company we have an accredited mediator, who undertakes
in our properly designed space for mediation to process CIS but also
voluntary mediations that concern all kinds of cases. Furthermore,
through our trained lawyers in the mediation process, we provide
legal representation for our clients regarding all types of cases
before a neutral and impartial third party mediator.