Mediation is an alternative form of dispute resolution that aims to resolve all types of dispute outside court proceedings and arbitration. Mediation is a voluntary, confidential and flexible process, via which disputes between parties are settled. Mediation is interactive, yet structured, and involves an independent third party, the mediator, who, through the use of specialised negotiation and communication techniques, assists the parties to consider all available options with the objective of reaching an agreement between within in a set time frame.

▸ Provides parties with control over the process and the resolution
▸ Provides parties with confidentiality throughout the negotiation process
▸ Proves more efficient than lengthy court proceedings, saving parties energy and time
▸ Generates financial savings by comparison to costly court proceedings
▸ Assists parties in finding workable and realistic resolutions, possibly for the long-term
▸ Has a high success and compliance rate according to European and International studies
▸ Offers a high chance of parties’ preserving relationships, doing so with dignity and respect

In the UK, the Civil Procedure Rules (CPR) describe mediation as ‘a third party facilitating a resolution’, during which the mediator does not decide the case; his/her role is to facilitate the settlement discussion, with the parties deciding whether to settle and on what terms.

For EU Cross-border disputes, the EU Mediation Directive (2008/52/EC) aims to facilitate and promote settlement through mediation, and applies to most civil and commercial cross-border disputes where one party is domiciled in the United Kingdom or other EU Member States and the other in another distinct EU member states.

In Greece, according to N. 4640/2019, mediation is institutionalised with regards to a series of identified by legislation civil and commercial disputes and forms part of the civil procedural regulatory framework, with several of its provisions introducing amendments to the Greek Code of Civil Procedure (CCP), which necessitate that mediation is explored as an option prior to commencing litigation proceedings in certain cases.

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