Albeit not a new concept in the Greek dispute resolution system, mediation in its current, modern form has been introduced into the Greek legal order as a tool for resolution of civil and commercial matters following Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters, concerning mediation in cross-border disputes.
In order to implement said Directive, the legislature enacted Law 3898/2010, which further served as a means to introduce mediation as a dispute resolution tool for both domestic and cross-border civil and commercial matters. The provisions of Law 3898/2010 where soon to be complemented by a series of other provisions, concerning among other issues: the establishment of mediator training and certification standards and procedures; a national code of conduct for mediators; judicial mediation; the possibility to file a motion for mediation during lis pendens and the possibility of the judge to suggest mediation; and the obligation of lawyers to name mediation as an option for their clients.
Thus, the legislation in force provides a solid framework for mediation in civil and commercial matters, whereby any private legal dispute concerning civil and commercial matters may be referred to and resolved by mediation, provided that the parties have the power to dispose freely of the subject of the dispute and agree to submit it to a mediator of their choice. The mediator is a trained professional certified by the Greek Ministry of Justice, Transparency and Human Rights, included in the national mediation register, and fully qualified to conduct a mediation which, in principle, is based on the facilitative approach.
A particular feature of mediation in Greece consists in that the parties are required to attend mediation sessions with their respective attorneys. All participants are bound by the confidentiality of the process and are excluded from testifying as witnesses and in general from providing evidence originating from the mediation process in subsequent arbitration or litigation proceedings.
If successful, mediation results in a legally binding agreement, which becomes enforceable following a simple procedure which consists in filing a copy of the agreement with the Secretariat of the competent court.
Although mediation has not yet prevailed as a dispute resolution method in Greece, it should be pointed out that the Greek system of administration of justice is indeed, after six years of preparation, ready to adequately support the mediation process for those willing to embrace it. The broader the use of mediation, the greater the benefits: speedy and cost-effective resolution of disputes; personalised solutions to personal and professional problems; and most importantly, a positive reinforcement of social cohesion.
With over 1600 certified mediators in the national register, judicial mediation as an additional tool for judges and a legal framework ensuring the legal and professional rights of all participants (mediators, citizens, attorneys, judges) the next step is simple: let’s mediate!
