Mediation Fields

Commercial mediation covers a significant number of cases. It is an effective and modern way for resolving disputes between businesses, traders, and professionals. Disputes that arise:

• From commercial contracts,
• From disputes between businesses and customers, suppliers, and generally partners,
• From internal company disputes (between shareholders/partners),
• As well as disputes concerning the infringement of trademarks & patents,
  can be resolved quickly and economically. Many businesses choose this process due to its confidentiality and efficiency.

Disputes between businesses based in different countries and under different jurisdictions can be resolved quickly, economically, and confidentially through mediation. Even though traditional methods of dispute resolution (court proceedings and arbitration) remain popular, mediation is gaining traction with businesses operating internationally. Through mediation, the parties reach a result that is desirable for all, as it is the product of cooperation and negotiation with the assistance of an experienced mediator. Mediation also offers the opportunity for the parties to continue or enhance their collaboration through the creation of win-win solutions. Mediation is preferred in international disputes involving:

• International commercial transactions,
• International partnerships for the execution and monitoring of large projects,
• As well as in service provision contracts.

The changes that occur in a family environment due to separation and divorce are addressed during mediation. Issues that typically arise in family mediation include:

• Children’s needs, their daily routines, and generally the exercise of parental care,
• Child support and the involvement of both parents,
• The assignment of custody of the children (joint or sole),
• The determination of the children’s residence (e.g., alternating residence),
• Financial matters and the division of common assets,
• Communication between children and the parent they do not live with (communication plan),
• Communication between children and grandparents,
• Claims regarding participation in the assets.
• Family businesses
  Through mediation, the couple is able to identify the issues to be resolved, set priorities, propose solutions, and reach an agreement, which is binding according to the terms set by law. All of this is done with the help of the Family Mediator and the lawyers who are required to attend the mediation.
  It applies to couples (heterosexual or same-sex) who are either legally bound (through marriage or civil partnership) or cohabitating and decide to end their relationship, resolving their legal and property issues in the shortest, most civilized, and least painful way.

Family Mediation at Mediate & Solve
 Mediate & Solve firm specializes in this type of mediation and has extensive experience. We have helped many couples resolve their differences peacefully, both nationally and internationally. We collaborate with similar centers abroad for the exchange of information, expertise, and the organization of joint mediations in international abduction cases.

What is Family Mediation?
Family Mediation is one of the pillars of mediation globally. It is the process in which the Family Mediator helps the parties (couple) resolve disputes arising from separation and divorce. The Family Mediator is a professional specially trained and certified to handle such cases and assist in resolving these specific disputes.
It applies to couples (heterosexual or same-sex) who are either legally bound (through marriage or civil partnership) or cohabiting and decide to end their relationship, resolving their legal and property issues in the shortest, most civilized, and least painful way.

When is needed ?
Changes occurring in the family environment due to separation and divorce are addressed during mediation. Issues concerning children, their needs, and the exercise of parental responsibility are a priority. Also, solutions are explored regarding financial matters and the division of common assets. Through mediation, the couple identifies issues for resolution, sets priorities, proposes solutions, and reaches an agreement, which is binding according to the law. All of this is done with the help of the mediator and the lawyers who are required to attend the mediation. Thus, for domestic disputes, each party attends the mediation with their lawyer, who supports them in the process with a collaborative approach.
Family mediation is a less emotionally draining process for the couple and children compared to litigation in courts. Long-term, it costs less than judicial disputes. It is a confidential process. The agreement is sustainable, as it is the result of the proposals and cooperation between the parties. Under certain conditions, “the Child’s Voice” may also be heard during the process (Child Inclusive Mediation), with absolute safety and confidentiality, if both parents agree and always with the child’s consent.
In addition to the couple, family mediation can also be useful for other members of an extended family (e.g., conflicts between parents and grandparents over the right to communicate with their grandchildren or disputes among relatives in a family business).
Family mediation is not couple counseling.

How and where does it take place? What is the cost?
Mediation takes place at any stage of a dispute (before or during legal proceedings). It usually occurs in meetings (sessions) that last up to 2 – 2.5 hours and are spaced apart. An average of 3-4 meetings is typical, though it’s possible to resolve a dispute in a single day when circumstances allow.
During mediation, the mediator collaborates with the parties and their lawyers in joint and separate meetings. A key task of the mediator in family disputes is checking the suitability of the case for issues of domestic violence before the process begins. Mediation cannot take place in cases of domestic violence.
Mediation is typically held in a neutral, appropriately designed space, and can also be conducted via videoconference. The mediator’s fees are agreed upon with the parties, and typically, the fee is split between the two parties.

In today’s world, where population mobility is dominant, the creation of families with parents of different nationalities is quite common. Mixed marriages and partnerships between couples of different nationalities create families with a multicultural base. Unfortunately, in some cases, these relationships do not last forever, and the couples end their shared journey. In addition to the usual issues (e.g., the children’s place of residence, parental care, child custody, child support, property matters between spouses) that affect judicial disputes in family matters, cross-border disputes add a much more serious issue: child abduction by one of the parents (illegal movement or retention of the child/children).
Also, issues related to relocation to another country often concern mediation in cases with international elements.

What is International Family Mediation?
In today’s world, where population mobility is dominant, the creation of families with parents of different nationalities is quite common. Mixed marriages and partnerships between couples of different nationalities create families with a multicultural base. Unfortunately, in some cases, these relationships do not last forever, and the couples end their shared journey. In addition to the usual issues (e.g., the children’s place of residence, parental care, child custody, child support, property matters between spouses) that affect judicial disputes in family matters, cross-border disputes add a much more serious issue: child abduction by one of the parents (illegal movement or retention of the child/children).
There are cases where one parent, deciding to move to another country (usually their country of origin), illegally moves the child without the other parent’s consent. The same may happen in cases where a parent, visiting the child, illegally moves them to the country of residence or withholds them illegally when the child visits them. In this case, we are talking about International Abduction. The number of international child abductions has unfortunately been steadily increasing in recent years. In all these cases, the following apply:

1. The Hague Convention of 1980 on Civil Aspects of International Child Abduction (Law 2102/1992 – Official Gazette A 193/92)
2. European Regulation No. 2019/1111 of the Council on International Jurisdiction and Recognition and Enforcement of Judgments in Matrimonial Matters and Parental Responsibility Disputes for EU countries.
   It is clear that the often time-consuming judicial processes resulting from the application of the above legislation harm the child due to the tension created between the parents. Therefore, mediation is recommended as the quickest extrajudicial solution to expedite the return process.

What does International Family Mediation offer?
It provides parents involved in judicial proceedings under the Hague Convention of 1980 with the opportunity to find a quick and immediate solution to issues such as the child’s return, the determination of their place of residence, custody, communication, and child support. These are issues that parents would otherwise endure for many years. It allows parents to negotiate and create a binding agreement with the help of their lawyers. In this way, they have a clear framework regarding matters of upbringing, custody, communication, and determination of the children’s place of residence.
Also, in the case of relocation from one country to another, mediation can help drastically on a preventive level to set the right foundations for the new situation that will arise after the relocation. It is very common for international couples (who are separating or divorced) to seek mediation before deciding to relocate to another country, in order to discuss matters related to the children’s place of residence, communication, child support, travel, education – bilingual upbringing.
Even if the parties involved do not reach an agreement, they regain the ability to communicate constructively with each other, thus laying the foundation for a solution in the future.

In recent years, technological developments and changes in the energy sector have generated significant interest and impacted both business activities and daily life. Disputes arising from operation, supply, and purchase contracts, installation and/or equipment contracts, transportation contracts, as well as construction contracts, are often resolved extrajudicially, frequently through mediation. Disputes may arise:

1. Between the operator and the energy providers (energy companies),
2. Between energy companies, and
3. Between energy companies (suppliers) and consumers (industries, businesses, etc.).

Our office has successfully handled similar cases through mediation.

Disputes arising in the context of contracts for banking/financial products and services are addressed through banking mediation. Non-performing loans are the primary focus of this type of mediation. The loans may be business loans, mortgage loans, or consumer loans. In the extrajudicial resolution process, the borrower, the bank, or the Loan and Credit Management Company (Servicer) participate, along with their lawyers and the mediator.

The request for mediation is submitted to the financial institution, and once the mediator is agreed upon, the process begins with the exchange of proposals for debt settlement. Ultimately, the agreement is recorded in the mediation report, which, when filed with the competent Single-Member Court of First Instance, becomes an enforceable title.

Land registry mediation involves the process of correcting inaccurate initial land registry entries, as well as addressing specific issues related to real property and land registry law. According to Article 8 of Law 4821/2021, a Mandatory Initial Session is required to be conducted.

Disputes arising from the development and management of real estate for commercial and residential use can be resolved through mediation. These may include:

• Disputes between real estate owners and tenants.
• Disputes related to real estate and tangible securities.

Disputes between heirs are among the most psychologically draining. Due to the familial relationship of the involved parties, communication between them is often difficult or even nonexistent. Inheritance issues can be directly resolved through mediation.
Apart from inheritance matters, other civil disputes can also be resolved through mediation. Some examples of such disputes include:

• Disputes between co-owners of a building.
• Labor disputes.
• Maritime law disputes.
• Disputes over professional fees (lawyers, engineers, etc.).
• Disputes over the provision of services.
• Disputes with insurance companies.
• Disputes between property owners and tenants.
• Consumer disputes.

Mediation _in_Construction_Disputes
In mediation concerning construction disputes, issues related to:

• Building constructions.
• Contracts for project execution, studies, repairs, and improvements of existing projects.
• Delays in the execution of projects.
• Construction defects and the use of appropriate materials.
• Handover of the project – contractor’s default.
• Project insurance – third-party liabilities – warranties.
• Forfeiture of penalty clauses.
  In this type of mediation, the parties involved are usually more than two (2), as projects are typically insured. It is also very common for expert witnesses or technical consultants to be involved.

Mistakes in the practice of the medical profession unfortunately happen, and the consequences affect the patient and their surroundings. Liability may arise from either the doctor or healthcare units, such as hospitals, clinics, etc.

These cases typically end up in court; however, in recent years, the option of resorting to mediation provides the opportunity for the parties to find a solution quickly and reach an agreement. In this way, they avoid a lengthy court battle and protect their reputation through the confidentiality that the process offers.

Conflicts and tensions frequently arise in the workplace, and if not addressed promptly, they can lead to long-term dysfunctions and threaten workplace harmony and peace. Disputes in the workplace typically involve:

• Disputes between employees in the same or different departments of a company or organization,
• Disputes between senior staff or department heads,
• Disputes between employees and management,
• Disputes between members of the Board of Directors/ Shareholders/ Partners.

In Greece, where the majority of businesses are family-owned, issues such as leadership changes and the coexistence of multiple generations in the same workplace often create conflicts and tensions.

Time spent on workplace disputes is productive time lost from work and business development. To some extent, complaints are handled by the Human Resources (HR) department. However, since the HR department is part of the company, it cannot function independently and neutrally. For this reason, there is a need for the assistance of a neutral, independent third party – the mediator. Workplace mediation is an internationally recognized practice in both large and small businesses and organizations.

 Mediate & Solve specializes in this type of dispute resolution, both at the stage of prevention and at the stage of addressing workplace conflicts. By collaborating with businesses as mediators for specific disputes, we typically:

• Create a secure and confidential framework for resolution,
• Gather initial information, understanding the corporate culture,
• Design the Conflict Map and the Means of Resolution, considering the structure and operating methods of the company,
• Prioritize the needs and interests of the parties involved,
• Train staff in creating internal dispute resolution processes.