Η ναυτική διαμεσολάβηση κατά το ελληνικό δίκαιο
Αποστολίδης, Γαβριήλ, Σ.
KeywordsΕμπόριο ; Alternative Dispute Resolution (ADR) ; Διαμεσολάβηση ; Εναλλακτική επίλυση διαφορών
The idea of out of court or alternative dispute resolution (A.D.R.) that has been known abroad since several years, bears in Greece the last few years signs of maturation, promotion and timid diffusion. Alternative dispute resolutions are in reality an alternative universe to the state system of justice administration, whose gaps and disadvantages are to be covered and used by A.D.R.s for their establishment. Law and order and practice have formulated more than one A.D.R.s such as negotiation, conciliation, critique from managers, dialogue between the stakeholder groups, preventive expert opinion from a third party, binding decision from an expert assessor, arbitration, and mediation. Among all these methods, the most up-and-coming and hopeful is the A.D.R. of mediation, whose advantages, peculiarities, institutional framework, functional operation, and procedures of materialisation are the object and scope of the present project focusing in the Greek laws and the Greek reality. Relevant references are made to issues of shipping, where the Greek element dominates globally and ought to innovate and in a sense enforce itself, working for the benefit not only of Greek ship owners and shipping but also the whole of the Greek economy. If it is late for Piraeus to rise as a centre of shipping arbitration due to the “traditional” lead of London and other cities in this field there is with certainty a place of national interests of all kinds (political, economic, societal) for the emergence and establishment of Piraeus to a centre of shipping mediation, while the benefits would likely be the same or even more.