MEDIATION/ADR
WHAT IS MEDIATION
Mediation is a confidential alternative dispute resolution process, where a neutral third person known as a mediator, assists the parties to settle their dispute. The parties have the opportunity to present the issues of their case, converse about their interests, understandings, and feelings, provide each one with information and explore premises for the settlement of their dispute.
THE MAIN CHARACTERISTICS OF MEDIATION
Mediation is confidential. Whatever happens in mediation, stays in mediation. Information gathered in the mediation cannot in principle be used outside of mediation, save when public policy questions are raised.
Mediation is oral. No minutes are kept.
Mediation is based on the free will of the parties. Anyone is free to walk out form mediation if, he/ she decides so.
The Mediator is neutral, independent and must remain impartial during the whole process.
Certain principles of due process, particularly the equal treatment of the parties must be observed by everyone.
THE MEDIATION PROCESS
During the mediation process the mediator simplifies the settlement of the parties’ dispute, by supervising the exchange of information and the bargaining process. The mediator facilitates the process and assists the parties to find common ground, while at the same time dealing with unrealistic expectations. He or she can also provide creative solutions and assist in drafting the terms of settlement.
The mediator tries to interpret parties’ concerns, frames issues, relays information between the parties and helps them to reach a solution to their dispute. The mediator neither takes any decision for the parties, not issues any binding judgment, but helps the parties to find a resolution that is mutually acceptable. Unlike litigation process, where a judge imposes a decision over the matter, the parties and their mediator ordinarily control the mediation process — deciding when and where the mediation takes place, who will be present, how the mediation will be paid for, and how the mediator will interact with the parties.
Usually mediations start with the parties together in a joint session, where the mediator describes how the process works, his/ her role and helps in establishing ground rules and an agenda for the session. Then typically, parties make their opening statements. Then the mediator moves to separate sessions, shuttling back and forth between the parties. During this process, the mediator relays information that any of the parties asks that it be relayed.
As a matter of fact there are 6 steps to a formal mediation; 1) introductory remarks, 2) statement of the problem by the parties, 3) information gathering time, 4) identification of the problems, 5) bargaining and generating options, and 6) reaching an agreement. If the parties reach an agreement, the mediator may help reduce the agreement to a written contract, which may be enforceable in court.
Mediation can also be run in the context of arbitration/ mediation institutions like the ICC https://iccwbo.org/dispute-resolution-services/mediation/
In Greece one can also spot Athens Mediation and Arbitration Centre (EODID)
and the Athens Chamber of Commerce and Industry (ACCI)
COMMERCIAL MEDIATION
Given our overall specialization in business law and our long-standing experience in this field of law, we have developed a firm understanding of the needs and interests of commercial people. This allows to be able to creatively work with them in relation to out of court dispute resolution. Our involvement in commercial mediation and the related expertise that is gradually been built is the natural next step for us. This makes us among the ones that practice commercial mediation in Greece and beyond, at very high standards.
INTERNATIONAL MEDIATION
Given the very firm academic background of Haris Meidanis in Private International Law and the professional expertise in cases with cross border dimension, Haris is one of the very few mediators in Greece that is in the position to also offer international mediation services. In the same context Haris Meidanis is the author of specialized articles in international mediation, published with leading English language law reviews. See our publications column for more.
COMPULSORY ATTEMPT FOR MEDIATION
In commercial cases falling under the jurisdiction of Greek court as of the amount of 30.000 euros, it is compulsory to have an initial compulsory mediation meeting to examine if the case in question is suitable for mediation. This means that the parties MUST appoint a mediator prior to the hearing of the case as per the provisions of applicable law 4640/2019.
AREAS OF PRACTICE:
We mainly focus on commercial mediation. This can involve in particular, corporate disputes, commercial agreements such as agency and distribution, sales and lease contracts, construction disputes, intellectual property disputes. Our strongest point is the unique understanding and overall knowledge of international mediation, i.e. mediation with the participation of persons from more than one country. In this respect, we can grasp and evaluate the differing cultural backgrounds of the parties to the mediation.
OUR MEDIATORS:
