Provision Analysis
Mandatory mediation proceedings are introduced in a series of private law disputes prior to referring the case to the competent court. In particular: (a) Disputes between landlords; disputes between the administrators of condominium and similar type of properties and landlords; and disputes relating to neighboring properties (arts. 1003 – 1032 GCC); (b) disputes relating to compensation claims emanating from road traffic accidents, as well as claims arising from motor insurance contracts, unless the harmful event resulted in death or personal injury (c) disputes regarding professional fees/remuneration (art. 622a GCC); (d) family law disputes (with several exceptions) (e) disputes for damages filed by patients (or their relatives) against doctors related to malpractice (f) disputes arising from the infringement of trademarks, patents and industrial designs, (g) disputes arising from stock exchange contracts.
[IMPORTANT NOTE: The mandatory introduction of the meditation process to these cases will take effect nine (9) months following the publication of Law 4512/2018]
Optional mediation is provided when (a) the parties mutually agree to initiate mediation proceedings; (b) the parties are invited to proceed to mediation by the Court before of which a private dispute is already pending, and they consent to do so; an (c) the submission of the case in question to mediation is ordered by a judicial authority of another Member State and the relevant submission is not contrary to Greek public policy provisions.
The implementation of mediation proceedings in private disputes does not exclude the filing of an application for interim measures (injunctions) in cases where the ‘imminent danger’ or ‘urgency’ elements exist.
If the mediation is unsuccessful, the parties are entitled to refer the case before the Court submitting thereto simultaneously the minutes proving the attempt and failure of the mediation proceedings otherwise the case is considered as inadmissible.
Fines are provided against litigants who have been summoned in mediation proceedings but opt not to attend ranging from €120 to €300. In addition, the Court can further impose a penalty up to 0.2% depending on the extent of defeat.
Lawyers are also compelled to inform their clients, in writing, about the mediation option as a dispute resolution mechanism prior to filling any sort of legal recourse. Mediation is not obligatory in cases involving litigants of unknown residency / address.
In the event of a successful outcome of the mediation, the respective minutes have to be signed by the mediator, the parties and their lawyers and a certified copy is submitted before the secretariat of the competent first instance court in order to become an enforceable exequatur.
It is also noteworthy that the summons to the mandatory mediation proceedings suspends the statute of limitations, all deadlines regarding the exercise of the claims and rights in question, as well as the procedural deadlines, during the mediation procedure. All deadlines (as per articles 261, 262 and 263 of the GCC), continue counting again six (6) months following (i) either the drafting of the minutes proving the failure of the mediation; or (ii) either the withdrawal statement from the mediation proceedings by any of the parties to the other party and the mediator, or from the completion or annulment in any way of the mediation proceedings.
The mediator may be one (1) or more and is appointed by the parties by their mutual consent whilst the mediation proceedings cannot last for more than 24 (working) hours, unless the parties agree otherwise (provision remains to be further interpreted). A mediator is obliged to run a conflict check and is not permitted to undertake duties in cases where he/she is personally involved in any way.
Contact
John C. Kyriakides
Partner, Litigation | Arbitration
E-mail: mailto:[email protected]
Tel: +30 210 817 1534
Charalambos (Harry) Karampelis
Senior Associate, Litigation | Arbitration
Email: mailto:[email protected]
Tel: +20 210 8171562
Main (Athens) Offices
28, Dimitriou Soutsou Str.,
115 21, Athens
Greece
Tel: +30 210 817 1500
Fax: +30 210 68 56 657/8
Thessaloniki Branch
17, Ethnikis Antistaseos Str.,
55 134, Thessaloniki
Greece
Tel: +30 2310 441 552
www.kglawfirm.gr
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Disclaimer: This newsletter contains general information only and is not intended to provide specific legal, or other professional advice or services, nor is it suitable for such professional advice, and should not be used as a basis for any decision or action that may affect you or your business. Before making any decision or taking any action that may affect you or your business, you should consult a qualified professional advisor. We remain at your disposal should you require any further information or clarification in this regard. © Kyriakides Georgopoulos, 2018