PUBLICATIONS
How is a Family Mediation Settlement Agreement Registered?
Family Mediation is now a fact. With the enactment of Mediation in Family Disputes Law (L. 62(I)/2019) family disputes may be resolved through mediation.
This means that any family disputes relating to parental responsibility, child support, alimony, or property relationships can be resolved through the alternative dispute resolution process of mediation.
Mediation in family disputes does not apply to disputes concerning the removal or assignment of parental care, nor does it apply to divorce. This is because it is only the Family Courts that can dissolve a marriage or entrust parental care.
The parties to the dispute will choose their mediator who will try to assist the parties reach an agreement to resolve their family dispute.
Example 1:
A couple who are in the process of divorce, appoint a mediator to resolve child support. That is, the amount that the spouse will pay to the other spouse for child support.
Example 2:
A divorce was granted between a couple, and the wife has been granted custody of the minors. The husband wishes to agree with his wife about the days he will communicate with the minors, the amount of child support and the settlement of their property differences.
Family Mediation Settlement Agreement
During the mediation process and provided the parties reach an agreement, then the mediation of the family dispute will end with the conclusion of a settlement agreement. This settlement agreement will include in its text the following:
√ The personal details of the mediator,
√ The place and time for the mediation,
√ The personal details of the parties,
√ The personal details of the people who took part in the mediation process,
√ The terms of the agreement reached by the parties during the mediation and
√ The date of its conclusion.
Procedure for Registering a Family Dispute Settlement Agreement
Once the family mediation settlement agreement has been concluded, it can be registered at the Court. This is not necessary if the parties comply with the terms of the agreement. However, where there is a breach of the agreement, and the parties wish to execute the agreement, it must be registered at the Court. Upon registering the agreement, it takes effect as a court order, with the result that the parties are able to use any possible enforcement measures at their disposal.
The settlement agreement is submitted jointly by all of the parties to the Court (if they so wish) or by one of the parties with the written consent of the other parties.
If the settlement agreement is formulated in a language other than Greek, the court may also request the production of a duly certified translation in Greek.
Following the application for enforcement of the agreement, the Court may then declare all or part of the agreement enforceable in the same manner as a judgment or court order. In such a case, the court may issue a judgement having the same content as the settlement agreement. Alternatively, it may reject the application for enforcement of the Settlement Agreement.
It is noted that the parties should proceed to the registration of the settlement agreement immediately. The reason is to avoid any limitation period in the case that the court decides that a settlement agreement is not enforceable.
Example:
The parties agree to use mediation for the settlement of their property disputes before their separation. Such an agreement is unenforceable. If the parties eventually divorce but do not apply to the Court for enforcement of the agreement, they will never know whether their agreement is enforceable or not. If 3 years have passed from the date of their divorce, then they are precluded from filing an application to the court to resolve the separation of the family assets.
The above information does not constitute legal advice.
