What mediation is about?
Mediation is a structured extrajudicial conflict resolution process, whereby parties of a dispute and their legal representatives when met in a neutral place, during one sole day, attempt to resolve their disputes on a voluntary basis with mutually accepted way with a view to reaching a reciprocal agreement with the assistance of a qualified (specially trained , with mediation advocacy skills) impartial and independent third party, the MEDIATOR.
Which disputes are handled under the Mediation Process?
Disputes on civil law, with the agreement of parties, on the condition that parties have the authority to dispose the item of the dispute (when they are allowed to compile Compromise, according to substantial law) may be dealt by Mediation.
Namely the disputes sold by mediation are: civil commercial disputes, civil medical liability, disputes arise from bank transactions, family issues, real estate, consumer issues etc.)
Which are the advantages of Mediation?
Selecting mediation is the best choice for the above mentioned reasons:
- It is a mutual victory with benefits and no sentimental loss
- Impartiality is guaranteed
- Takes place in a consensual environment under conditions of security, confidentiality and discretion
- There is flexibility and speed of the procedure saving both time and money
- The risk of reaching an adverse (or delayed) court decision is avoided
- Dignity of parties is protected
- Personal or/and enterprising relations between the parties are preserved and kept on
- A bonding agreement is accomplished constituted by enforceable title like court decisions
If one part does not desire to resort to Mediation?
It is felt that this process of alternative dispute resolution does not provide certainty and security.
The Mediator or/and Legal representatives have the ability to approach the parties and explain the nature, the theory and the practical application of Mediation and manage to convince them to give their consensus.
Which is the exact role of Mediator of Greece?
Mediator as a third neutral and impartial part, brings together the parties, organizes the dialogue between them, consults, encourages the parties, and supports them to reach a mutual solution based on their will and plans using techniques of negotiation. It is not allowed to patronize the parties indicate or impose his/her opinion. Under no condition should he/she make any provisions on what a court decision on the same matter could be. He has the right to make recommendations in order to find a solution on the dispute. He does not edit a decision but only the parts are eligible to set the terms of their agreement.
The mediator should be theoretically educated and practically trained. He guarantees the proper conduct of the procedure under equity.
Which is the role of the Legal Representatives of the parties involved in Mediation?
According to Greek Law, the presence of legal representatives of each party during Mediation is mandatory. In addition to this, their presence is important for the regular, normal conduct of the procedure. The legal assistant should be knowledgeable and skilled on the principles of Mediation.
The legal assistant should inform clients about the new process of Mediation, making all the necessary preparation for the beginning of the procedure as well as consulting them during the procedure.
He should take into serious consideration the arguments of the opposite side.
He should assist the Mediator and inform him about any useful detail on the dispute.
How Mediation works?
There are six (6) steps of a formal Mediation:
1. Introductory Remarks
The Mediator places the parties in the Mediation room reassuring that parties do not feel any threat. Both parties introduce themselves and then Mediator explains the role of each party and declares his impartiality. He sets the rules of the procedure in order to have a regular process as well as he defines the time frame and the overall duration of the procedure. He is obliged to equally give to each party the right to address its point of view.
2. Declaration of the problem by the parties
Parties expose the facts as they conceive them, giving priority to the party that suggested the Mediation procedure. Parties should not only mention the real facts and events of the disputes but also illustrate what the main problematic issues are in order to aid the Mediator to obtain a clear and overall image of the dispute. The aim of the procedure is not to find the truth but to find a solution.
3. Gathering of Information
By questioning and effectively listening the Mediator collects information and deals with emotions, social and status issues seeking the motivations behind the individual positions and helping parties to gain familiarity.
4. Definition of the problem
The mediator attempts to address which common targets the parties may have and estimates which of their disputes can be solved.
5. Negotiations and contriving possible solutions
The most common method is the appointments with the parties. The aim is to strike a balance between the claims of each party and seek a common base. When participants are determined to participate to the Mediation process in order to find a solution, the Mediator suggest a brainstorming session, which means to organize a solution generating process ,to plan and contrive possible ways to handle the situation leading to a mutual agreement to eradicate conflicts.
What if mediation fails?
Mediation may prove unsuccessful. Participating in Mediation is allowed even if court procedures are in progress. Parties had the chance to communicate even if the Mediation itself failed.
How and by whom is the mediator remunerated?
The Mediator is remunerated on hour-basis with the upper limit of 24-four hours in total, including the time of preparation for the process. Parties and the Mediator can agree to a different way of remuneration.
Fees for the Mediator are divided equally between the parties unless parties have agreed otherwise. Each party is responsible for the payment of its legal representative.