Open Online Discussion | The New ADR Code: From Consultation to Voting

Dear colleagues,

The new Alternative Dispute Resolution Code was submitted to Parliament on October 5 and is being discussed in Plenary session on October 14. It will profoundly change the way we practice our work: introductory session, fees, grading, registers, training and further training, special forms of mediation. The procedural course of each case up to the court is also changing.

The startADR examined all the provisions of the draft on mediation, article by article, in comparison with Law 4640/2019. He submitted his observations to the public consultation and to the Ministry of Justice. He then compared the text of the consultation with the text submitted to Parliament and submitted a supplementary Annex.

Several of our proposals were accepted:
– the invitation and the introductory session now suspend the statute of limitations,
– the mediator's proposal for a solution is made only at the joint request of the parties,
– the mediation clause does not lead to inadmissibility but to referral.

Other critical issues remain open or have been burdened:
– the grading,
– the fee of €150 for the introductory session,
– the qualifications of the trainers,
– the appointment of only those who reside in the region.

You will find attached the Observations and the Appendix.

But the vote is not the end. Next come the ministerial decisions and, most importantly, the daily implementation. For this reason, we are forming two working groups, one for mediation and one for arbitration. We want it to be an open space where professionals themselves will:

– exchange views and experience on the new arrangements,
– identify practical application problems and seek solutions,
– formulate documented proposals to the state and the competent bodies, especially for ministerial decisions.

We invite you to a presentation and open discussion, which is also the first meeting of the working groups. It will include:

– brief presentation on what changed from the consultation in the text submitted to Parliament and what it means for mediators and lawyers,
– open discussion: we are waiting for your opinions, concerns and experiences,
– how we will move forward as working groups from now on.

Participation is open to all accredited mediators, legal and non-legal, regardless of the training institution or association to which they belong, as well as to all lawyers.

To have the participation link sent to you, register [here]. Please indicate which group you are interested in joining: mediation, arbitration, or both. If you are unable to log in, you can send us your views at [email protected].

We want you all to join us. Our new Code concerns everyone.

Register for Online Discussion