With experience in mediation
Mediation is an alternative way of resolving private disputes. It is conducted with the assistance of an objective third party, the mediator, who tries to lead the parties to an agreement. The mediator is specially trained and qualified to assist the parties themselves in resolving the conflict. Mediation can produce high quality sustainable solutions with far less cost, time and emotional stress. This method of dispute resolution can be applied to commercial and civil disputes and in particular to family, employment and other disputes. Mediation involves, the mediator and the parties in the presence of their lawyers. According to Law 3898/2010 "Mediation in civil and commercial matters" (2008/52/EC) "Mediation means a structured procedure, by whatever name, in which two or more parties to a dispute voluntarily attempt to resolve that dispute by agreement with the assistance of a mediator" (Article 4(b) of Law 3898/2010).
C. & M. SIDORIS & ASSOCIATES
We work as team!
The procedure
The process is conducted through confidential talks and negotiations with the help of the mediator, who must be qualified and impartial. Flexibility and immediacy are features of the process that allow the parties to focus on the substance of the dispute. Particular attention is paid to the personality, needs and real interests of the parties, far from the logic of litigation.
The mediation process is governed by a number of basic principles, which include the following:
- the strict observance of confidentiality,
- the free participation of the parties
- the management of their emotions,
- the flexibility of the form of the process,
- equality in the treatment of the parties,
- effective communication,
- the non-binding nature of what is negotiated (until the signing of the settlement agreement) and - innovative in relation to judicial and arbitration dispute resolution - the non-adoption of a decision by the Ombudsman. In effect, the parties have complete control over the agreement.
The Ombudsman
It should be stressed that the Ombudsman is neither a judge nor an arbitrator. Through the techniques he has learned and applies, the parties are guided, under his auspices, to find a solution to their problem, based on their real interests. If the parties reach a solution, the mediation process is completed by the signing of a private agreement, which, once signed by the parties, is fully binding on them, and can be enforced, after a formal procedure has been followed, in accordance with the articles of the Code of Civil Procedure on the enforcement of judgments or generally enforceable instruments.
In many cases, agreements may be reached in a matter of hours, and even in a complex case an agreement may be reached in a matter of days. This is a real change of mindset and way of approaching disputes.
Our certified mediators are available to provide you with accredited mediation services with all the guarantees of the applicable legislation, trust and responsibility. Do not hesitate to call us by phone or visit us, in order to get to know the institution of mediation better and to talk to you about all the details of this alternative institution of dispute resolution!
Mediation is a solution of civilization!