GREECE Law and Practice Contributed by: Vassilios Moussas, Charalampos Kondis, Christina Grigoriadou and Konstantina Margariti, Moussas & Partners
12. Alternative Dispute Resolution (ADR) 12.1 Views of ADR Within the Country Sophisticated commercial parties are show- ing a growing preference for resolving disputes through alternative adjudicating bodies. Media- tion was not popular; however, Law 4640/2019 aimed to establish an attempt at mediation as a prerequisite to resorting to the courts. 12.2 ADR Within the Legal System Law 4512/2018 aimed to relieve courts of the overwhelming majority of cases by incorporat- ing Directive 2008/52/EC for mandatory media- tion in civil and commercial matters. However, its enactment generated a debate among local practitioners that resulted in the suspension of provisions pertaining to mandatory mediation, which were abolished by means of Article 33 of Law 4640/2019. The enactment of Law 4640/2019 on Mediation in Civil and Commercial Disputes, as well as further harmonisation of Greek legislation with the provisions of Directive 2008/52/EC, aims to expedite legal proceedings that offer a fast-track enforceable title to parties successfully partici- pating in the mediation procedure. (see also 3.1 Rules on Pre-action Conduct .) According to the latest Central Mediation Com- mittee’s annual report in relation to 2023 on Mandatory Initial Mediation Session cases: • Out of a sum of 1,126 cases (where a Man- datory Initial Mediation Session was held) 11.08% of cases advanced to further media- tion and 7.73% of cases ended in reaching an agreement. • On the type of cases, which presented the highest rate in continuing with the mediation,
the case – there was justifiable doubt concerning the outcome of the case. 11.2 Factors Considered When Awarding Costs The unsuccessful party is required to pay both court and legal costs. Court expenses are “only judicial and extrajudicial expenses that were necessary for the trial” and, in particular, com- prise: • stamp duties; • judicial revenue stamp duty; • attorneys’ minimum fees set by the Lawyers’ Code; • witnesses’ and experts’ expenses; and • the successful party’s travelling expenses incurred by attending the hearing. Expenses incurred through the party’s own fault or due to excessive prudence are not recover- able. It remains at the court’s discretion whether to award expenses in whole or in part, and to order the defeated party to pay these expenses. It should be noted that Greek courts usually award costs that are substantially lower than those actually incurred. 11.3 Interest Awarded on Costs Further to the issuance of the judgment and the commencement of the enforcement procedure, interest applies to the total amount awarded (including costs).
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