Mediation – Issues of interpretation arising out of provisions of Law 4640/2019 and proposals for their improvement: Law 4640/2019 attempts to a) institutionalize mediation and its process, as a method of alternative dispute resolution, and b) impose it as a mandatory stage prior to resorting to ordinary judicial proceedings, namely establishing procedural inadmissibility in situations of incompliance with the mediation procedure. It is undeniable that a successful mediation procedure is vital to both justice and its efficiency. However, the mediation procedure introduced by the said Law seems incomplete in various points to the extent that it may potentially disrupt recourse to ordinary judicial proceedings beyond constitutional limitations. The present study published at the Journal of Theory and Practice of Civil law & Civil Procedure Law, vol. 10/2020 NB online, shall address those deficiencies and suggest measures towards their resolution.
The study is available here.
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