The Mandatory Initial Mediation Session (Imms)

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IMMS

A few words about IMMS. Mediation

RESOLVE Mediators Team has significant experience in Mandatory Initial Mediation Sessions (IMMS) concerning disputes where this mandatory process is required by Law (article 6 & 7 Law 4640/2019). We inform the parties prior to the hearing of their dispute before the competent Court, about the procedure of  Mediation and its framework, enabling them to initiate their discussions , if they wish so.

The Greek law provides that the following disputes are subject to Mandatory Initial Mediation Session provided that the Parties  have the  power to dispose of the subject-matter of their dispute:

a) Family disputes , except from expressly provided cases
b) Any dispute subject to the competent Single-Member First Instance Court exceeding the amount of thirty thousand Euros (30,000 €) and all disputes falling under the jurisdiction of the Multi- Member First Instance Court.
c) Disputes arising from written agreements of the Parties including a valid Mediation clause.

THE PROCEDURE OF THE MANDATORY INITIAL MEDIATION SESSION

The procedure of the Mandatory Initial Mediation Session is initiated by the Attorney representing the party expediting the process ( the claimant in a dispute) who contacts with a RESOLVE Mediator. This Mediator is in turn obliged to contact with the other party of said dispute seeking his/her consent on such appointment.

Once mutual consent of the Parties is achieved on the appointment of the Mediator, the Mediator requests from the expediting Party-claimant to submit a Request for Mediation, as provided by article 7 of Law 4640/2019. The Mediator then arranges jointly with the Parties the date and place of the Initial Mediation Session and sends to the Parties the required by law Notification/Invitation.

During the Initial Mediation Session, the Mediator informs the Parties about Mediation, as well as the opportunities that they have for resolving their dispute, and subsequently moderates the first discussion between the parties. Upon closure of the Initial Mediation Session, the parties can mutually decide to submit their dispute to Voluntary Mediation and achieve dispute resolution via the Mediators’ guidance and assistance.
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