Lawyer in mediation

According to the current Greek law, lawyers must be present throughout the entire process of a mediation as it’s required by Civil Law 4512/2018. The lawyers, even from the very first preliminary step of the mediation are present in order to protect their clients’ interests.
With his presence from the beginning of the process, the lawyer protects his client and his interests effectively. From the preliminary step of the mediation, the lawyer assists the mediator by giving him all the necessary documents that are essential to the upcoming mediation. When the mediation begins, the lawyer has the time to present the case from his client’s point of view. As soon as the private meetings with the mediator and each party start, the lawyer’s role is to help his client understand what is beneficial for him, how he should move and respond to any proposals and to identify any areas that he should bring his attention. If an agreement is reached, the lawyers should write and sign it as well.
During mediation, the lawyer’s role is not secondary. He’s not just a backstage figure. His role is absolutely essential and so his presence. He is the only one who can provide his client with legal advice and therefore lead him constructively throughout the whole process. The mediation can’t continue without the full and attentive presence of the lawyer. Furthermore, his position and role is of high importance because the lawyer is the vital link between his client and the mediator.
Apart from the mediator’s fee, the parties have the obligation to pay for their lawyers’ services. The amount of these fees is not set by the law. It’s entirely a private matter between the lawyer and his client.
The educational and training institutions and academies of mediators (see also p.d. 123/2011) provide educational programs of basic mediation training and advanced mediation training to all that want to be acquired the necessary knowledge and skills of mediation. The article 198 of the civic law 4512/2018 sets the exact criteria that are mandatory for the mediation institutions and academies in order to provide a training program in mediation. The law requires a specific and detailed program of 80 hours or more for the candidate to participate in the mediation exams that are organized by the Greek Ministry of Justice (see the article 202 of the same law).
The first law that embodied mediation was the Civic Law 3898/2010. But right now, there is a new mediation law: civic law 4512/2018 that is active except from the article 182 which is about mandatory mediation. This article is not to be active until September 2019.

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