What is mediation and what is the role of the mediator?
It is an assisted structured negotiation process to resolve civil and commercial law disputes.
During the proceedings the parties have joint meetings/sessions in the presence of their lawyers and the mediator and in private.
The mediator is a third person accredited by the Ministry of Human Justice, neutral to the dispute he is asked to mediate and works with approved scientific methods so that, if possible, a common sustainable agreement can be found from the negotiations of the parties to the dispute.
Who is involved in the mediation process?
The disputing parties participate after their attorneys and the mediator(s).
In the cases of consumer disputes and small disputes, representation after attorneys is not mandatory.
If, during the proceedings, it is deemed necessary, or proposed by one party and accepted by the other party, for a third party to appear (either an expert in the subject matter of the dispute or another person), then he may participate in the proceedings if to sign a confidentiality agreement (NDA).
Where does a successful mediation end?
A successful mediation ends with a legal (also enforced if necessary) and acceptable agreement of all disputing parties and the substantive settlement of their dispute. The final agreement is the result of the parties' negotiations and is shaped, as a content, by the parties themselves and their lawyers. The agreement document is covered by the confidentiality of the process and is not shared with third parties.
I
Who can apply for mediation?
Any natural or legal person facing civil and commercial disputes, whether they have initiated a relevant judicial process, it is sufficient that they have the authority to dispose of the subject of the dispute.
What happens if I go to mediation while legal proceedings have already started?
The notification of the request to be included in the mediation process suspends the court deadlines throughout the process.
In which places can a mediation take place?
A mediation can be held in any venue if it meets the specifications for joint and private sessions.
Is physical presence mandatory?
No, in case of inability to be physically present, a teleconference procedure is provided.
Can Mediation be done for a cross-border dispute?
Yes. A cross-border dispute is defined as one in which at least one of the parties permanently resides or habitually resides in a Member State different from that of any other party to the dispute.
How long can a mediation last?
There is no minimum duration. A maximum period of 30 days is provided for, while if the parties decide to extend this period, the maximum period of extension is given again as the period of 30 days.
The period from August 1-31 is not counted in the above deadlines.
How much does mediation cost?
The mediator's fee is freely determined by written agreement of the mediator and the parties.
If there is no written agreement, the mediator's fee is defined as follows:
a) in the cases where a mandatory first session is defined by law; the expedited party shall advance to the mediator an amount of fifty (50.00 plus 24% VAT) euros as a minimum fee for the mandatory initial session. This amount is borne by the parties equally.
If the dispute is brought before a court, the party to the dispute who did not attend the mediation process, despite being legally summoned to do so or did not pay the amount attributable to him for the mediator's fee for the mandatory initial session, is sentenced according to the provisions of articles 176 et seq. Civil Code. to the full amount paid by the expediting party for the mandatory initial session. This amount is considered as a court expense regardless of the outcome of the trial, b) for each hour of mediation after the mandatory initial session, the minimum fee is set at the amount of eighty (80.00) euros.
Why choose Mediation services?
Why mediation process is more valuable?
The minimum cost of a mediation is (130 euros minimum mandatory mediation costs) much more advantageous than the cost of a dispute until it reaches an irrevocable decision (from 5,000 euros for Magistrates' Court proceedings).
Likewise, the time for a completed mediation corresponds to a minimum period (typically 1 to 30 days) compared to the time required for a dispute to reach an irrevocable decision (typically 7 to 15 years).
In mediation the parties have control over the content of the negotiation and the final agreement. No binding decision is issued by a third party.
Submitting a dispute to mediation does not result in a defeated party and a defeated party but an acceptable AGREEMENT between the parties to the dispute.