Legal framework
Mediation
Mediation in civil and commercial cases is regulated by Law No. 4512/2018 (Chapter B, Articles 178-206). In addition, the Code of Civil Procedure (CCP) also provides for out-of-court settlement (article 214A) and judicial mediation (article 214B).
Law No. 4512/2018 regulates the mediation process in detail and provides for the following:
- certain categories of disputes fall under mandatory mediation rules, on the objection of inadmissibility regarding the hearing of the remedy;
- attorneys have an obligation to inform their clients of mediation;
- the final mediation agreement becomes an enforceable title upon filing before the Secretariat of the competent Court;
- unless the parties agree otherwise, the law sets a minimum hourly mediator’s fee;
- a Central Mediation Committee (CMC) is competent to resolve any matter concerning the implementation of Law No. 4512/2018;
- mediators are certified by the Greek Ministry of Justice, upon assessment following training provided by an accredited training entity. They have an obligation of neutrality, impartiality, independence and confidentiality and are liable for any act or omission in the framework of mediation that contradicts their obligations.
Arbitration
In Greece, domestic arbitration is governed by Articles 867 to 903 of the Code of Civil Procedure, whereas international commercial arbitration that takes place in Greece is governed by Law No. 2735/1999. Arbitration is considered ‘international’ if:
- the parties have their seats in different countries when entering the arbitration agreement;
- the place of arbitration or performance is in a different country to that in which the parties have their seat or
- upon the parties’ express agreement, the subject matter of the dispute is linked to several countries.
The Code of Civil Procedure may also apply to international commercial arbitration if an issue is not specifically governed by Law No. 2735/1999 and vice versa. In addition, Greece signed and ratified the 1958 New York Convention, which entered into force in Greece in 1962 (Decree-Law No. 4220/1961).
Rules of mandatory nature set out the arbitrability of disputes and provide that the implementation of public policy provisions cannot be excluded in virtue of an arbitration agreement. Furthermore, there are mandatory judicial prerequisites regarding due process, the equal treatment of the parties and the right of defense of each party.
In Greece, mediation and arbitration services are provided by chambers of commerce and private organizations, some of which have their own mediation and arbitration rules, such as EODID Athens Mediation & Arbitration Organization.
EODID Athens Mediation & Arbitration Organization
EODID Athens Mediation and Arbitration Organization is an ADR services provider, with the exclusive purpose of providing top Mediation and Arbitration services in Greece and abroad. It aims to act as an ADR point of reference in the region, by enabling the prompt, cost-effective and efficient resolution of any dispute eligible for mediation and/or arbitration, in collaboration with acknowledged Arbitrators and Mediators, highly experienced in domestic and international ADR cases. It has been incorporated as a private entity under Greek law, on the initiative of Nomiki Bibliothiki Publishing Group (www.nb.org) and a team of prominent (retired) Judges, Academics, Lawyers, Arbitrators and Mediators from all over the world.
Why choosing EODID is a choice that matters?
Because it is legal. In fact, EODID guarantees legitimacy along with the highest quality standards. The EODID Mediation and Arbitration Rules are in compliance with national and international guidelines and have incorporated the best ADR practices, fully meeting the
needs of the market and offering realistic and affordable dispute resolution schemes. Furthermore, the Arbitration and Mediation Boards of EODID ensure the transparency, integrity and reliability of the administered ADR processes.
Because it is effective. Opting for arbitration according to EODID Rules, parties will ensure the resolution of their dispute via an arbitral award which in Greece constitutes a fully valid and enforceable title; an equivalent to court judgements. Respectively, a successful mediation will lead to a binding agreement, which, when filed with the competent court, becomes an enforceable title, to ensure compliance.
Because it is business wise and appropriate. EODID offers clients access to more than 230 highly respected mediators and arbitrators, spanning over 14 jurisdictions and 70 areas of expertise, including top retired Judges, distinguished Academics, Lawyers and other professionals, equipped with the legal and business acumen and credibility to resolve even the most complex matters. At the same time, the highly trained case management team assists clients in every step of the process, offering a full range of services, including comprehensive secretarial & administrative support.
Because it is reliable and safe. Arbitration hosting and administration by EODID reflects decades of experience in hosting hundreds of arbitration cases, with the participation of the most renowned enterprises per industry and the biggest domestic and international law firms.
Because it secures privacy and guarantees confidentiality. Disputes are resolved in an institutional framework ensuring confidentiality, allowing parties to resolve their dispute in good terms and preserve working relationships.
Because it is fast. Contrary to the time-consuming court proceedings, mediation’s duration varies from a few hours to a maximum of 30 days. An arbitration process is usually concluded within six months from the drafting of the Terms of Reference. At the same time, EODID Arbitration Rules provide for a default Fast Track Arbitration for small claims, which can also be used for bigger claims, upon agreement of the parties.
Because it ensures a flexible & swift process. One of EODID’s most competitive advantages is that it provides a wide range of alternative dispute resolution methods, tailored to what suits best the parties and their case. With high quality infrastructure designed to meet the needs of every dispute resolution process, with premier case management and administration services, and in state-of-the-art facilities (12 fully equipped rooms, with a maximum capacity ranging from 6 up to 180 persons) located in the center of downtown Athens (23 Mavromichali str., NOMIKI BIBLIOTHIKI Building), EODID provides a top tier all - inclusive option.
Because it is affordable. EODID’s services are combined with an attractive pricing policy, determined on the basis of the value of the claim, and thus rendering EODID processes more appealing compared to litigation or other ADR available options.
Because it is available to everyone who:
- as a lawyer or corporate counsel is interested in offering swift, flexible and affordable solutions to clients, while wishing to avoid time consuming, costly litigation.
- as a businessman from all sectors of the economy wishes to save time, cost and resources, protect its professional reputation and preserve commercial relationships.
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as an individual understands that conflicts, instead of grounds of decay, can become opportunities for growth and development.
