Ο θεσμός της διαμεσολάβησης ως νέα μορφή εξωδικαστικής επίλυσης διαφορών σε εμπορικές και αστικές υποθέσεις
Καβαδέλλα, Μαρία Ελ.
AdvisorΔελούκα - Ιγγλέση, Κορνηλία
Mediation as alternative dispute resolution is developing worldwide. Despite the fact that mediation descends from methods used since antiquity, in modern history it first appeared in United States of America, then travelled to Australia and New Zealand, to the United Kingdom, to expand over Europe and all over the world. Alternative dispute resolution methods in the European Union were established by Directive 2008/52 “on certain aspects of mediation in civil and commercial matters”. Greece incorporated this Directive through law no. 3898/2010 “about mediation in civil and commercial matters”. Some ministerial decisions interpret specific matters concerning mediation. Mediation is a flexible but structured procedure of assisted negotiations. The parties refer to a neutral person, the mediator, who uses his specific knowledge and techniques to help them extinguish the tense among them, conclude to a commonly acceptable agreement and perhaps restore their relationship. The first chapter of this essay will explain the route of alternative dispute resolution throughout the centuries and emphasize on their appearance in modern history. Moreover, the meaning of alternative dispute resolution will be analyzed, as well as the more common methods of alternative dispute resolution methods. The second chapter aims to analyze in depth one of the most common alternative dispute resolution methods, the mediation. Specifically, the legislative framework, the main characteristics and principles, the cases that could be solved through mediation, the results and the advantages of mediation and a comparative effort between mediation and other methods will be the subjects of this chapter. The third chapter will examine the case of “MARINOPOULOS S.A.”, a big enterprise that confronted serious economic issues. To solve these issues the enterprise selected the pre-bankruptcy procedure of ‘resolution’. Other opportunities that could have been used instead of resolution will be examined in this chapter.