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Mediation, an innovative institution

Mediation, an innovative institution

Mediation, an innovative institution

Sep 12, 2023

The modern process of mediation is gaining more and more ground in the context of disputes between individuals. Law 4640/2019 has introduced a series of groundbreaking out-of-court solutions that overturn the data of the typical...

The modern process of mediation is gaining ground in the context of disputes between private parties. Law 4640/2019 has introduced a series of innovative out-of-court solutions that overturns the standard legal reality. Mediation is a structured, confidential negotiation process in which the parties voluntarily participate and attempt in good faith to resolve the dispute between them by reaching a mutually acceptable agreement. The process is supervised by an independent and neutral third party, the mediator. The mediator's involvement can give the negotiation a new dynamic and perspective, because he or she, with his or her specific training - technical and psychological skills - can help the parties, through separate and joint meetings, to gain a deeper understanding of their differences, to reassess their initial position and its correctness, to weigh up their interests and to understand the benefits of an impending agreement. The mediation process is particularly attractive to the parties because the principles underlying it are respect, the equality of the parties, the confidentiality of what is said, the high reduction of costs and the independence of the mediator who coordinates the mediation with absolute impartiality and confidentiality. In particular, impartiality is ensured since the mediator is chosen jointly by the parties and must inform the parties of any potential conflict of interest in his or her person. The procedure is voluntary because the parties resort to it and reach an agreement of their own free will and after careful consideration and weighing of their interests. It is confidential by law, since any information, proposals and opinions expressed are not disclosed to third parties and cannot be used in the proceedings before the court. Finally, it is oral and no minutes are kept. Thus, the parties involved negotiate outside the courtroom in the presence of their lawyers in a liberal atmosphere in order to reach an advantageous and satisfactory agreement which is signed in a record, filed with the relevant Court of First Instance and becomes enforceable and executed in the same way as a court judgment.

Among other reasons, mediation is preferred because it is the least costly solution in the context of private disputes. It helps to save the parties' resources, i.e. there is no need to pay fees for legal aid and legal remedies, stamps and court fees, costs of service, etc., as is required in litigation, which can develop into lengthy proceedings. Mediation is therefore a simple, flexible and friendly procedure, rather than a conflictual one. Mediation can be used to resolve all private disputes such as family, commercial, tenancy, property, land, etc. The only cases that fall outside the scope of mediation are those of public law and those which by law require recourse to the courts and the issuing of a court decision, such as divorce. Mediation is therefore chosen because it takes into account the wishes and aspirations of each party and promotes the values of freedom, respect and equality, achieving the best possible agreement in each case.