Arbitration, Dispute and Litigation Resolution Greek Lawyer

Dispute and Litigation: What It Is

Dispute and litigation refer to the processes involved in resolving conflicts and disagreements through the legal system. Dispute is a broader term that encompasses any disagreement between parties, while litigation is a formal process for resolving disputes through the courts.

A dispute is a disagreement or conflict between parties that may involve rights, obligations, or interests. The disagreement must involve a legal right, obligation, property, or interest recognized by law.

In a dispute, one or more parties typically seek some form of relief or remedy. This relief may take the form of monetary compensation, specific performance of a contract, an injunction to prevent an action, or any other legal remedy.

Examples of common disputes we handle include:

• Property dispute: Involves disagreement over the ownership, use, or boundaries of land or other property. An example is a dispute between neighbors over a property line.
• Contractual dispute: When one party claims that another party has failed to fulfill its obligations under a contract. For example, when a contractor fails to complete a construction project according to the agreed-upon terms.
• Family law dispute: These disputes include matters such as divorce, child custody and inheritance issues.
• Employment dispute: Occurs when an employer and employee disagree over issues such as wages, working conditions, or wrongful termination.

Legal disputes are resolved through formal mechanisms, including arbitration, mediation, negotiation and, in certain cases, litigation.

Litigation is the process of taking a case to court to resolve a dispute between parties. This formal process involves filing lawsuits, following court procedures, and may end in a trial where a judge or jury makes a final decision. Litigation can be civil (involving private parties) or criminal (involving the government prosecuting someone for a criminal offense).

Dispute and Litigation in Greece

The Greek legal system encompasses a wide range of procedures and laws that govern the resolution of disputes, both in and out of court. It includes various dispute resolution mechanisms, such as litigation, arbitration, mediation and other forms of alternative dispute resolution.

The legal framework for disputes and litigation in Greece includes:

• Constitution of Greece: The Constitution provides for the fundamental rights and protections of the individual, including the right to a fair trial and the right to legal representation.
• Code of Civil Procedure (Κώδικας Πολιτικής Δικονομίας): The primary legal framework for litigation in Greece. It sets out the rules and procedures for civil litigation, including the filing of lawsuits, the presentation of evidence, hearings and appeals.
• Law No. 4512/2018: This law promotes mediation as a voluntary (and in some cases mandatory) method of resolving disputes prior to litigation, with the aim of reducing the burden on Greek courts and encouraging the resolution of disputes outside the courtroom.
• Law 2735/1999: International Arbitration Law, regulates international commercial arbitration.

The Greek legal system emphasizes both traditional court-based litigation and alternative dispute resolution mechanisms to provide efficient and accessible means of resolving disputes.

However, resorting to litigation and taking a case to court is sometimes the only viable option.

The litigation procedure in these cases is as follows:

1. Filing a lawsuit: The process begins with the filing of a lawsuit in the appropriate court. The plaintiff must file a complaint setting forth the facts of the case and the legal basis for the claim.
2. Service of process: The defendant must be formally notified of the lawsuit and given an opportunity to respond.
3. Trial: The court schedules a hearing at which both parties may present evidence, testimony, and legal arguments.
4. Decision: After reviewing the evidence and arguments, the court issues a decision. The decision can be appealed to a higher court if the parties disagree with the outcome.
5. Enforcement: Once a decision becomes final, it can be enforced against the losing party.

Litigation can be lengthy and costly, but it is often used for complex disputes.

Why Trust a Lawyer Specialized in Disputes and Litigation

Each dispute requires a unique approach based on the specific facts and legal issues involved. An experienced lawyer can develop effective strategies tailored to the particular nuances of your case, provide a realistic assessment of the risks and potential outcomes of a case, and help you make informed decisions about whether to settle a dispute or proceed to trial.

While dealing with legal matters, especially complex matters such as dispute resolution or litigation, is always challenging, it can be even more so in Greece.

Legal procedures in Greece can be complex, and court cases can be lengthy and costly. Local customs and practices can significantly affect legal proceedings in Greece. Legal documents contain complex terminology and detailed documentation in Greek, making navigating the legal system particularly challenging for non-Greek speakers.

As litigation experts in Greece, we are able to bridge the communication and cultural gap and ensure that you fully understand the process and implications of your legal case.

Our local experience gives us insight into how the courts operate, including the tendencies of judges and procedural nuances, which can be advantageous when formulating case strategies. We are well aware of the common pitfalls and bottlenecks that can cause delays in the Greek legal system and can take proactive steps to avoid these issues, with the goal of a timely resolution of disputes.

In addition, knowledge of all procedural requirements will ensure compliance and avoid unnecessary delays or procedural errors that could negatively impact your case.