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IS YOUR CASE SUITABLE FOR MEDIATION ?
Is Your Case Suitable for Mediation?
Mediation
WHAT IS MEDIATION?
Mediation is an organised process during which a neutral and impartial third-party, the mediator, helps the parties to resolve their dispute. Mediation is free from procedural rules and protocols, aiming to lead the opposing sides to a mutually acceptable and viable agreement, on their own accord.
Advantages
Absolute control
The parties of the dispute participate in mediation only to offer information and articulate their claims and requests. Guided and assisted by the mediator the parties shall themselves decide the future of their dispute, the resolution of the issues that have arisen between them as well as the scope and content of their possible agreement.
Free and unforced attendance and participation
The agreement to apply mediation to a dispute does not mean that the process must be completed upon reaching an agreement. The parties participate in a mediation, because they wish to do so, they stay in the process for as long as they wish to and can leave the process at any time and, indeed, without having to justify their decision.
Confidentiality
The mediation procedure is clad in a cloak of secrecy and confidentiality. The parties involved in the process (mediators, experts, etc.) are legally obliged not to disclose to third parties what has been said in the course of the process. A confidentiality agreement may also be concluded between the parties. This way one can avoid the publication of the particulars of the case, which may be of the utmost importance in a number of cases (e.g. patents, design details, selling methods, distribution channels and networks, but also domestic issues, etc.).
Immediate dispute resolution
The mediation process is completed within a fairly short time (typically in a few days or weeks) while this way, the dispute is finally and definitely resolved, an enforceable title on what was agreed is immediately available (should the parties so desire) and litigation, which may potentially span over many years, is thus avoided. This latter feature is of critical importance in countries such as Greece, where litigation may last for several years.
Better financial planning
The shorter duration of the procedure (with respect to financial disputes in particular) allows the enterprise to navigate through liquidity problems and to better plan its finances. At the same time, it does not need to commit money to provisions for long periods of time, in view of long-lasting litigation.
Lower procedure cost
The cost of mediation is but a fraction of that of litigation and can be accurately estimated. Its allocation with respect to the parties concerned is decided from the beginning.
Flexible procedure
The procedure of mediation is very flexible and not subject to limitations with respect to the subject matter of the dispute. This way, it is possible - while the process is running and provided that this course of action facilitates the resolution of the dispute- to expand the proposed solutions and transgress the boundaries and framework of the original subject matter of the dispute (for example, in a dispute regarding the sale of a machinery exhibiting defects, the manufacturer may offer, among other things, an extension of the warranty or may commit to the immediate repair of possible problems which may arise in the future). Moreover, mediation may also address issues not initially detected or agreed upon (to give an example, the manufacturer of our example above, may undertake the service of other machines). But most importantly, mediation is a creative process, where contribution and the interaction of the participants can offer solutions, even in the most difficult to solve cases.
Option for the participation of mediators from different fields of expertise
Co-mediation (the participation, that is, of more than one mediators in the procedure) offers the option for the participation in the procedure of not just lawyers, but of professionals from other fields, which may prove very useful, depending on the nature of the dispute and the specialised knowledge required for its resolution on each occasion (synergies between lawyers and economists, psychologists, engineers and so on have proven to be very useful in a number of different disputes and depending on their subject matter).
Focuses on the future, beyond and after the dispute
As a rule of thumb, the commencement of litigation results in the aggravation of the conflict between the parties to the dispute and, ultimately, in the interruption and suspension of any collaboration, or even contact, between them. On the contrary, since mediation rests on dialogue and creative thinking, it can help revive and maintain trust between the parties. Consequently, in cases where the parties to the dispute wish to continue working together in the future, mediation is the most appropriate way for the resolution of the dispute
