The field of implementation for the institution of mediation besides the primarily civil and/ or family disputes lies also with business cases be it of partnerships and corporations, or natural persons who do business. In each and every agreement which regulates lawful commercial law relations the parties, given that they have vested right of disposal of the scope of the agreement, not only can shape the terms of the agreement between them, but they can also predict extrajudicial ways of dealing with their disagreements and resolving their disputes.
The right and proper endorsement of such provisions and especially of the extrajudicial way of resolving any dispute through mediation is fundamental, given that it ensures the smooth operation of the relationship between the parties even if disagreements surface between them during the agreement’s lifetime, by circumventing potential objection procedures before Courts, by simultaneously resolving differences within an environment of cooperation and understanding.
Each counterparty ought to foresee and implement a quick, money-friendly and useful solution for his/ her own corporation or business, even before the signing of any commercial agreement, which has to be agreeable not only in terms of time (resolution of dispute in short time period), but also of cost (avoidance of depositing judicial fees, compensation for Lawyers, document validation expenses, default interest and pending proceedings etc.) and of having in place a procedure that does not impair partners, associates and other counterparties, in contradiction to a recourse to Justice.
Mediation is by far the most appropriate clause of an extrajudicial dispute resolution way and it has to be included both in the initial agreement before such a dispute has even emerged, and also to be suggested as the most efficient way of resolving extrajudicially a surfaced disagreement or conflict during the enactment of any commercial activity whatsoever, before having to recourse to Justice.
Indicatively we are able to report other cases where the institution of mediation is to be preferred:
• Disputes arising with regards to real estate and physical required collateral
• Disputes regarding compensations and moral damages requests to be satisfied
• Disputes out of medical responsibility
• Disputes among the owners of a residential building
• Disputes between owners and tenants
• Disputes regarding succession law differences
• Disputes regarding fees of various professionals (lawyers, engineers etc.)
• Disputes regarding maritime law
• Labor disputes
• Disputes regarding provision of services
• Disputes among insurance companies with regards to any kind of compensation
• Consumer-oriented disputes
