δείτε την πρωτότυπη σελίδα τεκμηρίου στον ιστότοπο του αποθετηρίου του φορέα για περισσότερες πληροφορίες και για να δείτε όλα τα ψηφιακά αρχεία του τεκμηρίου*
Enforceability of mediation agreements in European Union
Fotiadis, Leonidas
Unlike litigation and arbitration, mediation is a more informal way to settle disputes. The whole process is quick, cheaper than the other two forms of justice and interested-based, but the most important is that mediation is promoting amicable dispute settlements. Moreover, mediation is a very flexible process since there are no formal rules of procedure for the mediation sessions. There is no judge or even an arbitrator and the role of the mediator is very different from the other two, since he/she is acting as a neutral negotiation facilitator, helping each party analyze its position and trying to facilitate the parties find a common solution to their problem, and not to find solution that will be imposed to the parties. This is exactly the key of mediation’s success. The solution is chosen by the disputants and not by an outside force, as in arbitration and in litigation. Due to the fact that the outcome of mediation is solely under the control of the parties, mediation is likely to go well beyond the traditional negotiation settlements. Yet, mediation is not commonly used as a dispute resolution method all over Europe, although it is promoted by EU institutions and the European parliament. The Council has adopted has adopted a Directive ( Directive 2008/52/EC) which ensures that EU citizens can, in cases that are falling within the scope of application of the Directive, have the possibility to choose mediation as a dispute resolution method. The Directive gives the possibility to the parties to enforce the mediation agreement, requiring at the same time all parties’ consent. This thesis investigates the mechanism of recognition and enforcement of mediation agreement in the European Union in the light of Directive 2008/52/EC and in particular the mechanism of enforcement of these agreements in the Greek legal order. The aim of the thesis is to examine whether the language and thereby the scope of the provisions of enforceability lying in Article 6(1) of Directive 2008/52/EC may limit the underlying objectives of the Directive in preamble 5 and to what extent these provisions have already affected the Greek harmonization.
*Η εύρυθμη και αδιάλειπτη λειτουργία των διαδικτυακών διευθύνσεων των συλλογών (ψηφιακό αρχείο, καρτέλα τεκμηρίου στο αποθετήριο) είναι αποκλειστική ευθύνη των αντίστοιχων Φορέων περιεχομένου.
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