Mandatory mediation in civil and commercial disputes by virtue of Law 4640/2019
On the 30th November 2019 law 4640/2019 on Mediation1 was published in the Greek Government’s Gazette (Issue A’ 190/30.11.2019).
The law introduces the institution of mediation as an alternative dispute resolution (ADR) mechanism in civil and commercial matters, and further harmonizes Greek legislation with the provisions of Directive 2008/52/EC on mediation matters in civil and commercial disputes of either national or cross-border nature.
In general, law 4640/2019 provides that civil and commercial disputes, national or cross-border, existing or future, may be subject to mediation, provided that the parties have the power to dispose of the subject-matter related to the dispute, in accordance with the provisions of the substantive law. More specifically, by virtue of article 6 of law 4640/2019 on mandatory initial mediation session the following civil and commercial disputes shall be subject to the mandatory initial mediation session, provided that the parties have the power to dispose of the subject-matter of their dispute:
(a) Family disputes, except for matrimonial disputes pertaining to (i) the divorce, (ii) the annulment of marriage, (iii) the recognition of the existence or non-existence of marriage and (iv) the parent-children relationships, such as the contesting of fatherhood or motherhood;
(b) Disputes heard in the ordinary course of proceedings (i) before the Single-Member Court of First Instance, if the value of the claim exceeds the amount of thirty thousand (30,000) Euros, and (ii) before the Multi Member Court of First Instance, in accordance with the provisions of the Greek Code of Civil Procedure;
(c) Disputes for which a written agreement between the parties is in force providing for a mediation clause.