MEDIATION AS A BANK LOAN ADJUSTMENT TOOL

There are several ways in which Debt Restructuring can be done and eventually happen the   Settlement of a Red Loan, such as the Judicial Route (Katseli Law), as well as the Out-of-Court Route (Extrajudicial Mechanism).

In recent years, credit institutions and borrowers themselves are increasingly turning to out-of-court redemption. Indeed, whole bank segments have been created, which deal exclusively with the regulation of red loans.

As regards the attempted out-of-court settlement of debts, it is now emerging as the most appropriate, though informal, Mediation between the bank and the debtor-borrower. This process gives greater liberties to both parties and for this reason seems to be preferable to the more structured and much more typical method of Mediation and also that of the Extrajudicial Mechanism of Law 4469/2017. In addition, the mediation method appears to be gaining ground and to provide protection to borrowers and to the judiciary. It is very important that the negotiation in the form of informal mediation, as a method of redemption of red loans, can take place alongside any legal action, providing more legal cover for the borrower.