In most countries the use of mediation remains voluntary, in the sense that the parties have the initiative and agree to resort to it, while some countries have introduced incentives or sanctions to encourage and expand the use of mediation as an attempt to resolve the dispute, before going to court.
What cases does it concern?
Στις κατηγορίες αυτές εμπίπτουν και οι κατ’ άρθρο 6 παρ. 2 περ. δ Ν. 2664/1998, όπως τροποποιήθηκε με τον Ν. 4821/2021, υποθέσεις διόρθωσης ανακριβούς πρώτης εγγραφής στο Κτηματολογικό Βιβλίο. Στις περιπτώσεις αυτές προβλέπεται ότι για το παραδεκτό της συζήτησης αγωγών με αίτημα την αναγνώριση του δικαιώματος που προσβάλλεται με την ανακριβή εγγραφή και τη διόρθωσή της απαιτείται η προηγούμενη διεξαγωγή Υποχρεωτικής Αρχικής Συνεδρίας Διαμεσολάβησης από διαμεσολαβητή του Ειδικού Μητρώου Κτηματολογικών Διαμεσολαβητών.
Is Land Mediation mandatory?
Now in Greece as well, the initial mediation session is mandatory in categories of cases related to real estate disputes, with the penalty of inadmissibility of the discussion of the lawsuit.
Who can be a Land Mediator?
The Land Mediator must have successfully attended a Continuing Education Program in Mediation in Real Estate Disputes, as defined in KYA 70058oiq/2021. He is also obliged every three years to participate in further training of mediators according to article 27B of Law 4640/2019.
With the mediation process, all private law disputes can be resolved as long as the parties have the authority to dispose of the subject of the dispute, them (Article 3 par.1 of Law 4640/2019) and agree to submit to this process. Indicatively, such disputes can be family, from tenancy relations, labor disputes, disputes for moral damage claims due to personal injury, inheritance disputes, civil medical liability cases, disputes between collective management organizations of intellectual property rights and users, debt actions, compensation actions from traffic accidents and many others.
The duration of the mediation process depends on the type and complexity of the dispute that concerns the parties, as well as on their own will. Speaking indicatively, we can say that the resolution of a commercial dispute, as it emerges from the practice of Mediation in Greece and abroad, refers to a process with an average duration of approximately 8 hours, even within the same day.
Mediation has many and important advantages, the main ones being the speed of dispute resolution, cost savings and the confidentiality of the process
a) speedy resolution of the dispute
The mediation process allows for a speedy resolution of the dispute within a very short period of time, much less than that required to hear a case in court.
b) cost savings
The process of mediation is more economically advantageous than a long court battle that can turn out to be costly, as its cost is controllable, because it is agreed in advance with the mediator and borne equally by both parties involved.
c) confidentiality of the process
The mediation process is conducted in a confidential framework, which does not allow for the disclosure of sensitive information concerning the parties and the dispute they are concerned with. Before the start of the process, all participants undertake in writing to observe the confidentiality of the process. Further, the mediator may communicate and meet with each of the parties separately, and the information obtained during such contacts with one party may not be disclosed to the other party without its consent. In this way, an environment favorable to the resolution of the dispute is created, which protects the parties from negative publicity and at the same time facilitates them to maintain a good atmosphere between them.
What is an Arbitration Clause?
It is a term contained in a private agreement whereby the parties agree that if a dispute arises between them, before going to court, they will try to resolve their dispute through mediation.
