According to the new law 4640/2019, family disputes are now mandatory to undergo mediation before proceeding to court. This initiative aligns us with the European approach and mindset, where overwhelmingly, such disputes are predominantly resolved through mediation. Our legislature has mandated this process, resulting in remarkable outcomes. As awareness grows, more couples opt for mediation, recognizing its substantial benefits.
A renowned American judge once advised a couple locked in a prolonged custody battle:
"I don’t love your child because I don’t know it, you know it. No one loves and understands your child better than you two."
This reminder is crucial for parents considering litigation, as prolonged legal disputes can be psychologically damaging to children. Mediation offers a prompt and efficient resolution of communication, support, and custody issues within hours or days, fostering calm and effectiveness.
What is the core of Family Mediation?
Family Mediation is a structured and collaborative process designed to help family members resolve disputes in a civilized and constructive manner.
Under the current legal framework (Law 4800/2021), which adopts a clearly child-centered philosophy, participation in a Mandatory Initial Session (MIS) is required before family disputes may proceed before the courts.
This process is facilitated by a neutral and impartial third party, the accredited Mediator.
The mediator must be properly trained and registered in the Registry of Family Mediators of the Ministry of Justice, ensuring both professional competence and adherence to strict ethical standards. Within this safe and confidential environment, parents are encouraged to discuss their concerns openly and with absolute confidentiality, away from the adversarial atmosphere and public exposure of courtroom proceedings. Mediation provides a structured space where dialogue can replace confrontation and where solutions can be explored without the pressures of litigation.
Mediation is not a legal battle; it is, in essence, the opposite. Its purpose is to facilitate a mutually acceptable agreement by fostering dialogue, encouraging cooperation, and preserving the parental bond. It is based on a simple but powerful principle: “while a marriage may end, parents remain lifelong partners in their children’s upbringing."
In moments of intense emotional tension, mediation serves as a constructive pause in the cycle of conflict, allowing parents to refocus on what truly matters—the well-being and stability of their children.
Why is Mediation Essential?
A common misconception is that family mediation is merely a quicker way to avoid court proceedings. It represents something much deeper: a profound reorientation of communication. Rather than focusing on assigning blame for the past, mediation encourages the parties to concentrate on practical solutions for the future. It offers a pathway to reconnect with those who have been—and will remain—central to our lives as the co-parents of our children. By promoting dialogue, understanding and responsibility, mediation helps preserve the essential structure of the family—even when the relationship between the parents has changed. In doing so, it protects what matters most: the emotional security and stability of the children.
The "Voice of the Child" in Mediation
The often unseen protagonists in family mediation are the children. They are at the heart of every discussion about the family’s “next day.” It is precisely at this moment that we reveal our most human side.
It is a documented fact that that parental conflict and litigation can have serious psychological consequences for children. These effects may appear immediately or later in life, manifesting as social withdrawal, insecurity, behavioral problems, poor academic performance, or vulnerability to negative influences. Research indicates that one in four children may require psychological support following their parents’ divorce.
Through this specialized process, children may be given the opportunity to "speak" and, more importantly, to be "heard" by a professional who is not merely a family mediator, but one who has undergone advanced specialized training in child-inclusive mediation. This practice is well-established internationally, where there is significant sensitivity to the issue and in cases of high parental conflict it is increasingly considered a significant risk not to give the child the opportunity to be heard.
The child’s perspective is a testament to their lived experience, not a formal legal deposition.
How does this help? It helps the child feel valued and reassured that their parents truly care about their thoughts and feelings. It also allows them to share their concerns with a neutral and trusted third party that they cannot share with their parents, who are often caught in the whirlwind of litigation. In high-conflict family disputes, children are frequently placed in extremely uncomfortable positions. They may feel pressured—directly or indirectly- to 'choose sides' or even feel emotionally coerced when expressing a wish to spend time with, or live with, one of their parents.
Greek family law (Law 4800/2021) also recognizes the importance of hearing the child’s views. However, addressing this sensitive issue within the respectful and supportive environment of mediation, guided by a specially trained mediator, is often a far more humane and child-friendly approach
Scope of Family Mediation
Family mediation can effectively address a wide range of family-related cases, including:
- Exercise of Parental Responsibility and child Custody
- Child Maintenance and Financial Support
- Division of Marital Assets and claims arising from participation in acquisitions
- Relocation and Residency arrangements for the children
- Communication Rights with Extended Family (Grandparents,Relatives)
- Succession matters and Management of Family-Owned Businesses
Advantages of Family Mediation
Family mediation is a party-centred process that places decision-making power directly in the hands of the participants. Unlike court proceedings, where a final decision is imposed by a judge, mediation places the participants at the center of the process. They retain the "final word." The mediator does not act as a judge and does not impose solutions. Instead, the mediator facilitates communication and guides the parties toward a voluntary and sustainable agreement.
In family mediation, the traditional notion of "winning" or "losing" is replaced by a single objective: finding a workable resolution that serves the interests of all involved, especially the children.
Another significant advantage of mediation is efficiency. Mediation is typically faster and less costly than litigation. Many family disputes can be resolved within just a few mediation sessions, whereas court proceedings may take several years to conclude. In Greece, family litigation may sometimes extend for up to seven years before a final decision is reached. Mediation also avoids many of the additional costs associated with litigation, such as service of process, enforcement costs, and other litigation-related expenses.
When Mediation is most Effective
While mediation cannot be considered as a universal solution for every dispute, it is an excellent option for parties who wish to preserve relationships and avoid prolonged conflict. It is particularly effective in cases involving:
-Child Custody and parental Responsibility arrangements,
-Separation and divorce agreements
-Communication arrangements with children following separation
-Financial and property-related disputes between family members.
By encouraging dialogue, responsibility and cooperation, mediation helps families resolve disputes in a way that protects both relationships and the well-being of children.
Family mediation can benefit:
• Married couples with or without children.
• Unmarried parents without a cohabitation but with a recognized paternity document.
• Same-sex or heterosexual couples living together, with or without a partnership agreement.
• Relatives and other family members.
• Couples residing in different countries dealing with custody and maintenance issues (International Family Disputes).
