MEDIATION
Mandatory initial mediation session: what it means in practice
· 6 min read · Georgios F. Dionysiou
Many hear 'mandatory mediation' and understand they're forced to settle. That's not the case: what's mandatory is the informational initial session, not the agreement.
What the law provides
Law 4640/2019 regulates mediation in civil and commercial matters and established the Mandatory Initial Mediation Session (MIMS) as a procedural prerequisite for the admissibility of the lawsuit hearing, for specific dispute categories defined in Article 6 of the law, as in force.
These categories include, among others, certain family disputes and disputes tried under the regular procedure, which includes many banking and commercial cases. Since the scope has been modified over time, we always check the category of the specific dispute before any action.
How it unfolds
- One party contacts an accredited mediator, who invites the other party.
- At the initial session, parties are informed about the process and decide whether to proceed to full mediation.
- Lawyer representation is provided by law, with the exceptions it defines.
- If the parties don't proceed, minutes of non-achievement are drawn up and filed with the court.
- If they proceed and agree, minutes of success are drawn up.
The enforceability of the minutes
The minutes of successful mediation, provided they contain an agreement on an existing claim and are filed with the registry of the competent court as provided in Law 4640/2019, constitute an enforceable title. This means the agreement is executed like a court judgment, without the need for a trial.
Cost and time
The mediator's fee for the initial session and subsequent hours is determined based on the institutional framework and the relevant ministerial decisions in force, and is generally shared between the parties. In practice, the cost is predictable and significantly lower than a multi-year legal dispute.
Regarding time: the process is usually completed within the same day, unless there is a need to continue to a subsequent meeting.
Why it benefits banking cases
In disputes with banks and servicers, mediation offers something courts rarely provide: speed, confidentiality, and a solution tailored to the debtor's real financial circumstances. Preparation, however, is decisive — without a documented financial picture and clear proposal, the session devolves into generalities.
Sources & legislation
Disclaimer — this article is for informational purposes only and does not constitute, nor can it replace, personalized legal, financial or tax advice. The legislation, ministerial decisions, amounts and criteria mentioned may have been amended or repealed after the date of publication; all information must be verified against current provisions (Official Gazette, gov.gr) at the time you make a decision. The outcome of each case depends on its specific factual and legal circumstances, the fund or authority involved, and the applicable provisions at the time. Before deciding or acting on any point in this text, seek a personal assessment from a qualified professional who will examine your own case.