Civil & Commercial
Civil & Commercial
What is Mediation?
Mediation is an alternative out of court method of resolving disputes whereby two or more parties negotiate with the assistance of a neutral third party in order to settle into a sustainable and mutually satisfactory solution
How is Mediation structured?
The mediation process begins usually with a joint meeting of the mediator, the parties and their legal advisors so that the parties understand the characteristics of the mediation process, the role of the mediator and the parties in it. At this point, the parties have the opportunity to explain the facts and arguments of their case. Then, the mediator swiftly moves the process along to the private sessions where he tries to gain an overall picture of the dispute, to understand the main areas of contention and where the conflict lies. These meetings are completely confidential and no information is given to the other party unless expressly authorized. His role is to facilitate the negotiations between the parties and to shuttle possible solutions always with their consent. In the event of a successful mediation, the mediator draws up the mediation agreement.
How long does mediation take?
Typical civil commercial disputes are usually resolved in eight hours.
What is the cost of mediation?
The current hourly fee is regulated at the amount of 100 euros, unless agreed otherwise. The fees are split in equal shares between each of the parties to the mediation unless otherwise agreed. Each party pays his or her own attorney’s fee. The mediator cannot charge an hourly fee for more than 24 hours of work. The 24-hours fee also includes time spent for the preparation of the mediation process.
What type of disputes?
Civil and commercial disputes, ie, family and workplace disputes, differences for moral damages, claims for infringement of personality, civil medical liability disputes, differences between collective management of intellectual property rights and user organizations.
How can the agreement be enforced ?
In the event of a mediation stemmed with settlement, the mediation agreement is submitted by the mediator unilaterally, upon the request of one of the parties, to the Secretariat of the Court of First Instance of the local jurisdiction where the Mediation took place. Once submitted, the mediation agreement becomes enforceable.
Who is the mediator?
The mediator is a third neutral person who meets the qualifications set by the relevant regulation and facilitates the negotiations between the parties in order to reach a common satisfactory agreement. The mediator neither makes a decision nor imposes a solution. The mediator has to be accredited by the Ministry of Justice, Transparency and Human Rights.
Where can I find a mediator?
The mediator is chosen by the public register of the registered and licensed Mediators on the Ministry of Justice, Τransparency and Human Rights website.
How can someone be qualified as Mediator?
Someone can be qualified as a mediator after being trained and accredited by MoJ accredited training centres and assessed accordingly by the Administration Directorate General of the Greek Ministry of Justice and has been accredited as Mediator by the Administration Directorate General of the Greek Ministry of Justice, Transparency and Human Rights.