Mediation- An Alternative Method for Resolving Disputes
Mediation
Mediation is defined as a structured process, the key features of which are confidentiality and private autonomy, in which two or more parties voluntarily attempt, in good faith and transactional integrity, to resolve a dispute by agreement with the assistance of an impartial and independent third party the mediator.
Mediation is one of the alternative dispute resolution methods. Increasingly citizens (especially in Western European countries) choose mediation instead of going to court, as it allows them to retain full control over the content of their dispute and the cost of the process is significantly lower than of a legal battle.
In Greece is governed by Law 4640/2019.
What are the key points that should be included in the agreement to submit the dispute to mediation?
The agreement to submit the dispute to mediation is a written document that must be signed by all the parties choosing mediation to resolve their dispute. It iw essential to include clauses that address and explain the following:
a) the subject matter of the dispute, as mediation can cover the entire dispute or its specific issues,
b) the names of the parties and their legal representatives, as well as any other individuals (e.g., experts) who will participate in the mediation,
c) the confidentiality clause, as anything said during the mediation is confidential and cannot be disclosed to anyone without the express consent and permission of the parties, except where required by law,
d) The non-disclosure clause, stipulating that any offers, concessions, or admissions made during the mediation cannot be disclosed to third parties and cannot be used in court or arbitration,
e) the neutrality and impartiality of the mediator,
f) the mediator's fee,
g) the time and place of mediation.
The agreement to refer the dispute should ensure that the legal obligations of those participating in the process are documented, agreed upon, and recorded.
What is the role of lawyers in Mediation?
The parties participate in the mediation process with their lawyers present, who provide them with legal advice during the negotiation stage.
The legal representatives actively participate in drafting the final settlement agreement, ensuring that the appropriate legal formalities are applied to what has been agreed upon between the parties and verifying that their client understands the terms of the final settlement agreement before signing it.
The legal representatives dictate the terms of the agreement to the mediator, who in turn includes them in the mediation record. The agreement is not binding until it is signed by the parties, their legal representatives, and the mediator.
How is the mediation record enforceable?
After the conclusion of the mediation process, the record is signed by the mediator, the parties, and their legal representatives. Each party is entitled to receive an identical copy of the record, which can be submitted at any time to the registry of the competent Court of First Instance that has jurisdiction over the case for which the mediation took place. A fee of fifty euros is required upon submission, an amount which may be adjusted by a joint decision of the Ministers of Finance and Justice.
Once submitted to the registry of the competent Court of First Instance, the mediation record constitutes an enforceable title under Article 904 §2 (c) of the Greek Code of Civil Procedure. The execution copy is issued in accordance with Articles 915–918 of the Greek Code of Civil Procedure by the judge of the Court of First Instance where the mediation record has been submitted, without any further costs imposed for the benefit of the state.
If the agreement contained in the mediation record includes provisions concerning legal acts that, by law, must take the form of a notarial deed, these provisions must comply with this form. In this case, the rules governing the drafting and registration of such notarial documents shall apply.