Alternative Dispute Resolution (ADR)

It is a structured process of negotiation with the help of a third party, the mediator, who knows how to strengthen the negotiating capacity of the parties, applying equally helpful for each party involved methods of analysis and investigation of the existing dispute, so that, when the conditions are met, to reach a long-term sustainable and mutually beneficial agreement.

For a dispute to be submitted to mediation, it is sufficient to invite one party to the dispute and the acceptance of the remaining parties by signing a relevant agreement drawn up by the mediator. The submission of a civil or commercial law dispute to mediation can be done at any stage, i.e., whether a party has initiated legal proceedings or not, in the first case, court deadlines are suspended for the duration of the mediation.

Throughout the process, the role of the parties is active and the possibility of each party participating in the negotiation of their interests at stake is immediate.

In the first stage, the parties inform the mediator about the object and extent of their dispute, giving each party its own note, which describes the type of dispute and the essence from its own point of view. From the overall content of this information, the mediator prepares his first joint meeting with the parties.

In a second stage, the parties and the mediator come to a joint meeting where each party gives its own position on the existing dispute, and it is sought to jointly recognize the main points of the dispute for out-of-court resolution. As long as the parties reach an agreement on what the main points of their dispute are, the process has already been productively started.

The provisions on proof/evidence that apply under a procedural code to a trial do not apply to mediation. The parties to the mediation can enter as much data of their dispute as they wish at any stage of the process, they deem useful, and they decide which interest is most important to them by starting the process of negotiating the resolution of their dispute.

Then each party has private sessions with the mediator in which they explore the needs but also the possibilities to be met by this negotiation effort. The aim of the private sessions is for each party to gain certainty about its own real interests on the one hand and a clearer picture of the other side's data on the other.

During the private sessions, each party may ask the mediator to transfer information to the other side if the party itself judges during the investigation stage that this would be decisive during the negotiation.

Private sessions last, if necessary, each time to make the meeting party's position clearer and stronger. This means that depending on the depth of each case for each party, private sessions can last from a few minutes to hours.

The goal of the private sessions is for the parties to arrive with a clear assessment of their interests and the data of the other side to exchange offers for a possible resolution of their dispute.

If an offer is given that is accepted by the other party or parties, a joint meeting follows to draw up and sign the final agreement.

Only when each party agrees with every detail of the final text does it accept and sign the content of the agreement.

The agreement contract from the mediation process can be given the effect of an enforceable title by filing the mediation agreement with the competent Court. Finally, whether there is an agreement of the parties or not, the entire process is covered by the principle of confidentiality both in private and joint sessions and those who participate in the mediation process are prohibited from being examined as witnesses in any court that may follow or divulging to non-participants the content of the process.

Mediation services are provided in disputes from bank loans, disputes between property owners, disputes from registrations in the Land Registry, copyright disputes, tort, commercial, family and inheritance law disputes.

Visit the mediation fields by clicking on the following icon or contact us using the following contact form to find out more.

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