A €20 administration fee is required upon submission of your claim. There are also fees depending on which expert/method is selected. But you only pay 20% with a maximum of €800 in Meditations and Conciliation. The trader pays 80%.
We will let you know the estimate after the expert/method has been selected for your approval.
The Cyprus Center for Alternative Dispute Resolution provides for three different dispute resolution methods.
Arbitration is a process which is similar to the court procedure as there is a third party called an “arbitrator” who decides on the dispute. Arbitration is more suitable where the value of the subject matter of the dispute is high and where the case is complex as it is a fact finding procedure where the arbitrator tries to determine who is right and who is wrong in relation to the dispute. The arbitrator then issues a judgement which is binding on both the parties and can be registered as a judgement in a court of law. Because this process is more suitable for disputes which are high in value, arbitration is usually more costly than mediation or conciliation.
Mediation is a dispute resolution procedure where a third party called a “mediator” assists the parties in solving the dispute. The parties sit together with the mediator and they find a common ground in order to negotiate and solve their dispute whilst the mediator helps them in finding the best agreeable outcome without however suggesting what the outcome should be. At the end of the mediation process, the parties may sign a binding agreement between them – but that is not necessary. This dispute resolution method is more appropriate for small claims and not very complex disputes. At the Cyprus Center for Alternative Dispute Resolution, we aim at resolving your dispute just after one meeting.
Conciliation is very similar to mediation except that the conciliator is usually an expert in the field and for that reason will suggest possible outcomes and solutions (whilst the mediator does not). Furthermore, the conciliator will provide the parties with a settlement proposal of what he believes would be best for them, whilst the mediator will generally refrain from making a proposal but will prepare an agreement based on what has been agreed between the parties.
We help the parties choose the best dispute resolution procedure for them. From then on we will appoint the specialist for the parties from our database or we will let the parties choose someone from a list.
It is a legal requirement that the outcome of the ADR procedure is made available by us to you within a period of 90 calendar dates from the date we received the complete file. Don’t worry we will try and make the outcome available earlier.
In the case of highly complex disputes, we may extend the 90 calendar days’ time period. You will however be informed of any extension of that period and of the expected length of time that will be needed for the conclusion of the dispute.
When a trader is a member of the Cyprus Center for Alternative Dispute Resolution, they are bound by the Center’s terms and conditions for traders. Under these conditions, the traders will need to accept the dispute resolution method chosen by the consumer (and the Center).
In case the trader is not a member of the Center, then they may accept the Dispute Resolution request of the consumer or they may reject this altogether. In case they reject it, then your best option may be to sue the trader.
A Trader which is a member of the Cyprus Center for Alternative Dispute Resolution must proceed with a Dispute Resolution method offered by the Center.
In case the Trader is not a member he has the right to reject your application for ADR.
There are three processes: Arbitration, Conciliation and Mediation.
The decision to start arbitration is binding. Furthermore, the decision issued by the arbitrator will be binding for both parties.
The mediation and conciliation methods are not binding and you can walk away at any time. Mediation and conciliation may become binding only if you and the trader sign an agreement as to the outcome.
We operate under stringent rules and our operation is governed by law and are checked by the Consumer Protection Service.
We do not ourselves examine the dispute but we appoint ADR specialists who must be (under the law) independent of all those who have an interest in the outcome and who have no conflict of interest which could impede them from reaching a decision in a fair, impartial and independent manner.
Summary Information about the Mediators’ Training Course
The mediator in Cyprus (and generally anywhere in the world) acts as a liaison between two persons who are in conflict with each other, helping them to resolve their differences in a fair, impartial and neutral manner. The mediator’s work is vital as it helps the two opposing sides reach a friendly agreement without the need for time-consuming and costly litigation.
The formal differences that a mediator in Cyprus is able to resolve are those between employer-employee, consumer-trader, tenant-owner as well as business disputes.
It is the job of the mediator to try to reach the ideal result for both parties which must be fair and to leave both sides happy. The mediator in order to reach such a result usually:
Asks questions to gather information from the parties
Identifies the ideal result for each party.
Tries to put each side in the shoes of the other in order to make them understand each other.
It suggests functional and fair ways to solve the problem.
Provides a written summary of the issues agreed upon.
He requests a meeting with the parties (in meetings with the mediator, the lawyers of the parties may also be present) to understand the issues that create the difference.
A mediator in Cyprus has the following duties under the Law:
To exercise his duties with diligence, independence and impartiality, in an appropriate and effective manner, regardless of his capacity or profession and regardless of the manner in which he has been appointed or undertaken to carry out such mediation and is not subject to scrutiny or instruction from any person or authority.
Before accepting his appointment or as soon as the conflict of interest or other interest has become apparent, declare in writing any conflict of interest or any incident or financial or other conflict which may affect or give the impression that it affects his independence to deny his appointment or resign as a mediator, as the case may be, unless the parties expressly agree that he should mediate.
Ensures that the parties understand the nature of the mediation process and the role of the mediator and the parties.
Ensures that the parties have equal opportunities to participate in the process.
If requested, he shall provide the Parties with information on its professional background, training and experience in the field of mediation.
Does not impose a specific settlement of the dispute, but he may, in its sole discretion and in order to facilitate the amicable settlement of the dispute, submit proposals which are not binding.
Is guided by the European Code of Conduct for Mediators.
Mediators of the Cyprus Center for ADR specialize in mediation and have know-how and training in relation to commercial, civil and consumer disputes, offering their experience and know-how. As a Center, we have undertaken mediation with large Financial Companies as well as online mediation through the European Union’s Online Dispute Resolution platform.
The Center’s mediation courses have been approved by the Ministry of Justice and Public Order and last for 40 hours or 24 hours. The days on which they are delivered are Friday (afternoon), Saturday and Sunday for two weekends for the 40 hour mediation course while for the 24 hour mediation course the days of delivery are Sunday, Saturday and Sunday for two weekends. Classes are held in a hotel and include meals, coffee breaks and snacks as well as mediation material.
The mediation courses include real-world scenarios with role implications for the better training of the mediator in Cyprus.
In general, a mediator does not need special qualifications to become a mediator, but some experience in a field related to mediation, such as law, psychology or counseling can help consolidate mediation courses and the success of a mediation. The Cyprus Center for ADR Mediation Certification are provided after 40 hours of mediation training and allow you to register with the Register of Mediators of the Ministry of Justice and Public Order.
For more information regarding the mediation course that we provide and the days that the program will run, contact us at secretariat@adr.com.cy, at 22519741 or through the expression of interest form.
Advantages of the mediation procedure as opposed to the judicial process
Mediation is a voluntary process, that is, a process in which the parties enter voluntarily, in a good mood to resolve the issue/issues.
Mediation is not a judicial or arbitration process and therefore a possible solution is not imposed on the parties by an independent authority or party, but can be found by the parties themselves and imposed only by agreement.
Any resolution of the issue/issues may be of a practical nature and not necessarily of a legal one, ie it does not follow the law or any commercial practices that are usually followed under conventional litigation, provided of course that the resolution is not illegal, against moral standards or against the public interest.
The mediator does not perform the duties of a judge or arbitrator, does not impose a decision and is not following legal or other principles. He facilitates the process and encourages the parties to find a solution.
The mediation process is confidential at all stages (as opposed to a judicial one) and therefore any discussions and suggestions made during the mediation process cannot be submitted in any subsequent proceedings (other mediation, judicial or arbitration proceedings).
The process is faster, cheaper and more flexible for the parties compared to the legal process, especially when considering the Cyprus reality.
Parties may discontinue the process and leave at any time without having to give explanations and without being subject to negative consequences.
The whole process takes place in a comfortable and friendly environment and not in courtrooms.
An active attempt is made to create a friendly environment and use friendly behavior, and therefore there is no animosity or apparent conflict between the parties and their lawyers.
Each party undertakes its own expenses. There is also no obligation to be represented by a lawyer and therefore any party that does not have the financial capacity to represent may limit its costs to those of the Mediator only.
A mediation decision is difficult to challenge unless it is based on misleading information, deception or coercion.
Basic features and stages of mediation
Mediation is an alternative, structured process of resolving disputes between the parties, with the help of an independent third party, who facilitates the process and encourages the parties (without imposing or manipulating them) to find a practical solution in the matter/issues to resolve their differences. Therefore:
Basic Features of Mediation
Mediation
is an alternative to judicial and arbitration proceedings.
It is a voluntary process,
that is, it is a process in which the parties enter voluntarily, in a good faith to solve their issues.
Finding a solution
is not mandatory.
The mediator is not a judge
and therefore does not impose any solution. The mediator facilitates the process and encourages finding the solution to the problem itself.
The resolution to the issue
may not follow legislation or other practices, as long as it is not illegal, immoral or against the public interest.
Mediation is not a panacea for all issues
that may arise between the parties. Specifically, mediation can be used in private law disputes as long as the relevant legislation does not require a solution through another channel.
Unlike other procedures
mediation presupposes the personal representation of the party (unless it is a company or a group of persons).
Any mediation issues
which are agreed to be mediated by the parties can be resolved.
The mediation process is confidential at all stages
(as opposed to the judicial procedure) and therefore any discussions and suggestions made during its course cannot be submitted in any subsequent proceedings (such as a subsequent mediation, court procedure or arbitration).
Basic Stages of Mediation
Preparation:
At the preparation stage, what is checked is whether there is any conflict of interest between the mediator and the parties (or in some cases with their lawyers). If not, the mediator may accept his appointment and the mediation agreement is signed, which is the beginning of the process. The mediator then requests brief information from the parties and addresses issues relating to the meetings.
Opening Statements:
First by the mediator who explains the mediation (and presents the mediation agreement fully signed) and its procedure and then by each of the parties and their lawyers (if any).
Investigation and Negotiation:
These stages take place during private sessions (caucuses). In the first 2 (usually) private sessions with each of the parties, emphasis is placed on the events and emotions of the parties. Then, during the rest of the private sessions, the negotiation stage begins, on the basis of which the parties are invited to think about their priorities and possible solutions.
In case a solution is found
there is the final stage of the agreement in which an agreement is prepared (either by the lawyers of the parties with the parties and/or with the contribution of the mediator) which is signed by all parties.
