The Mediation (Mediation) is an internationally renowned method of resolving disputes. Along with the institution of Arbitration (Arbitration) constitute the main dipole of alternative dispute resolution (ADR). The Treaty of Rome explicitly provided for in Articles 38-39, the possibility of alternative dispute resolution amicably. In Greece for many years there was no specific legal framework providing for the existence of that institution. It began with the Law 3898/2010 and was completed by subsequent decrees the year 2011. Long before this law, there were several scattered provisions of the Code of Civil Procedure, which predicted the existence of non-judicial remedies of individual differences, like the Articles 208-210. Although our country had admittedly left a few steps back, it will not be an exaggeration to say that the institution, rather literally, came at the right time.

Given , despite the tireless efforts of the majority of Magistrates, slow justice in our country and that will soon be given hearings dates within the limits of this decade or even the beginning of the next ( ! ) , the institution of mediation is probably a very good opportunity.

As mentioned above, the law which introduced the institution of mediation in our country was the Law 3898/2010, which was enacted to adapt Greek legislation of Directive 2008/52/EC. Especially in the mediation process may benefit private disputes by agreement of both parties, if they have the power to dispose of the object of the trial (Article 2). In the process of mediation , if the parties choose it as an appropriate way to resolve their differences , are obliged to be present with the attorney and the mediator , appointed jointly by agreement of the parties or by a third party consensus .

The mediation process is governed by the principle of secrecy and confidentiality. This means that the mediator shall not communicate information and data relating to one or the other party to the other. The process consists of joint and individual meetings with the mediator and each part separately. The content of conversations between personal meetings remain confidential as stated above, unless one or the other party considers that it will promote the development of the whole negotiation , transfer some data to the other side through the mediator.

After several meetings with the whole effort of the mediator to facilitate talks between the parties, there is the chance of a positive outcome. To this effect, the Mediator shall compose a report which will be  lodged at the Registry of First Instance of the region where mediation is carried.

These are to summarize the salient points of the new institution of mediation. Although not a panacea , is definitely an alternative way of resolving disputes , an alternative option in the hands of citizens.

It is a solution because the institution of mediation helps the citizen to save time and money. Because instead of waiting several years to discuss the case and to the judgment concerning him he can solve his case promptly and clearly and of course more economically.

Additionally, there is a possibility for fresh perspective on any differences and to improve our legal culture. The courts are going to gradually deal with smaller caseloads, resulting in faster and more efficient administration of justice.

Moreover we have the opportunity for the entrepreneurship and notorious development. Mediation and the overall alternative forms of dispute resolution achieves focus of the parties to resolve their dispute without perpetuation ,  sharpening  and transformations into personal conflict , through lengthy and potentially confrontational litigation.

Article of Chris Faslis in the greek financial newspaper ‘Imerissia’