Mediation is a means of alternative dispute resolution (regarding civil law and commercial law cases) which has been operating as such for decades abroad. The main difference from the older ways of extrajudicial compromise is that thanks to a neutral third party’s assistance, namely an unbiased mediator the parties proceed willingly with a procedure through which a possible solution to be reached is clearly a matter of their own. The Mediator is there to assist by bringing the parties in contact according to their needs and interests.
Mediation is completely reliable, given that no information shall be used in the future in any judicial procedure either by the parties or by the lawyers, nor shall it be conveyed form one party to the other in case of the Mediator’s separate meetings with the parties, without having in advance their explicit consent. It is confidential given that any document or information deriving from this procedure shall not be used in any possible future judicial process either by the parties or by their lawyers. It is non-binding for the parties, due to its voluntary nature and binding it becomes only through the signing of an Agreement that shall entail a viable and durable agreement between the parties. The parties reserve the right to handle their case and they are able to discuss between them and reach decisions throughout the process regarding issues that are of importance to them.
The Mediation process could assist the parties avoid time-costly and money-costly judicial procedures, while it can also help them claim their true interests given that there is no judge that shall impose a decision, but it is the parties themselves that shall reach the agreement. Furthermore, the main feature of the procedure is that it can help the parties build better relationships between them or, at least, avoid further tension and problems between them as it well might have happened in a court house. The aftermath of a proper mediation is that there are no losers ! Everyone’s a winner !
Let’s take the decisions of our lives in our own hands
In Greece Mediation is applicable according to law 3898/ 2010 (Mediation Regarding Civil and Commercial Disputes), that has integrated in our national legal system EU Directive 2008/ 52/ EU).