Chambersfield Economides Kranos has been awarded and recognised as “Commercial Law Firm of the Year 2021” in Cyprus, according to The Lawyer Network

We are proud to announce that Chambersfield Economides Kranos has been recognised and awarded as a “Commercial Law Firm of the Year 2021 in Cyprus” by The Lawyer Network. It is a demonstration of the strength of our intellectual property practice throughout the region. With an excellent group of commercial litigation lawyers providing master advice to clients, Chambersfield Economides Kranos is truly known for its masterful and pioneering practices in commercial law.

Mediation in Cyprus: Legal, Procedural and Practical Application

By: Christos G. Georgiou at Chambersfield Economides Kranos


Introduction: What is Mediation?

Mediation is an Alternative Dispute Resolution Method (ADR Method) which can be an alternative option for resolving a dispute between two (or more parties), other than through the Courts.

Mediation, like other ADR Methods (such as Arbitration), has advantages over a court process: it is faster, more cost-effective, and involves the confidentiality of the process, as opposed to a trial which is a general procedure open to the public.

In addition, Mediation, has the added advantage of being a more conciliatory and peaceful way of resolving a dispute between two parties, without necessarily causing the two parties to derail and terminate the relationship and/or cooperation of the two parties, as is almost always the case when a dispute leads to Trial or Arbitration.

In terms of its practical application, it is a structured process (regardless of the name), in which two or more parties try to reach an agreement on resolving their dispute voluntarily with the help of a Mediator, as a third, a neutral, independent and impartial party.

This impartial third party is a Certified Mediator, who is selected jointly and with the consent of all parties involved in a dispute.

Ways, the Disputing Parties, can enter into a Mediation process in Cyprus:

Under the current legal regime in Cyprus, there are three ways for the disputing parties to enter into a Mediation process:

1) By a voluntary agreement of the parties when a dispute arises

2)  Through a Mediation Clause in a Contract signed between the parties

3) During a court case, when both parties agree or when one party requests it and the Court deems that this is the best course of action in this particular case (rare application).

Informatively, it should be noted that in other countries, such as Greece and Italy, there is a mandatory pre-trial mediation procedure prior to the adjudication of the civil action, something which is not currently applied in the Cypriot legal system.

The Stages of Mediation:

When and if the disputing parties enter into a Mediation process, then the Mediation process is divided into the following five stages:

1)Preparation:  Where any possible conflict of interest of the Mediator is examined, e.g., if he had previously cooperated with one of the parties of the dispute (as it also happens in an Arbitration process for the selection of an Arbitrator), the acceptance of his appointment, the drafting and signing of the agreement affiliating the dispute to Mediation, the Mediator’s briefing, the appointment of the session, the venue, and the authorizations by the parties.

2) Opening Statements: Both of the Mediator (where he outlines his role, the way the procedure is conducted and the ultimate goal which is the resolve of the dispute) and of the Parties (where each party expresses its position on the dispute being mediated).

3) Investigation: Where separate confidential discussions take place between the Mediator and the parties, questions, investigation of the history of the dispute and the pursuit of interests.

4) Negotiations: Where the parties with the help of the Mediator create options and solutions for the dispute with proposals and dialogue between them.

5) Dispute Settlement Agreement: In case of a successful mediation process, the dispute is closed with the «Mediation Settlement Agreement» signing.

Mediation Settlement Agreement

«The Mediation Settlement Agreement» is probably the most crucial part of Mediation, as the Mediation process (and what has been agreed in it) is not binding until the two parties sign the Mediation Settlement Agreement.

The Mediation Settlement Agreement is drafted up by the Mediator, where what has been agreed is recorded in writing. It is then signed by him, and the parties and a true copy is given to each party of the Mediation. In this case, any party involved can file and register the Mediation Settlement Agreement in Court (as it is the case with an Arbitral Award) and then an Implementing Order is issued, and the Mediation becomes fullybinding.

 Laws and Procedures governing Mediation in Cyprus

The Laws governing Mediation in Cyprus are the following:

Law on Certain Matters of Mediation in Civil Disputes of 2012 (159 (I)/2012), which is the national law that governs the application and the procedure of Mediation in Cyprus, as well as the qualifications that a potential certified Mediator should possess.

Additionally, the above law stipulates the existence of two separate Registers of Mediators which are kept by the Ministry of Justice of the Republic of Cyprus:

Register of Mediators for Commercial Disputes

 Register of Mediators for Civil Disputes other than Commercial Disputes

Directive 2008/52/EC of the European Parliament and of the Council, of 21 May 2008, on certain aspects of mediation on civil and commercial matters, where this European Directive applies in the event of cross-border disputes in civil and commercial matters other than certain rights and obligations which the parties are unable to decide on the basis of the applicable law, and which dispute may be referred to Mediation as an ADR.

The European Code of Conduct for Mediators, which is currently the applicable Code of Conduct for Mediators in Cyprus, as the Cyprus Code of Conduct for Mediators has not yet been created.

Law on Family Disputes Mediation of 2019 (Ν. 62(Ι)/2019), which regulates issues that fall within the scope of Family Law such as Property Disputes, Alimony, and the Use of the Family House. Matters concerning Divorce and Child Custody remain in the exclusive jurisdiction of the Family Court.

Furthermore, informatively, due to the peculiarity of Family Mediation, discussions and actions have been taken to create a third separate Register of Mediators for Family Disputes.

 

The Future of Mediation in Cyprus: 

In recent years the number of registered Mediators in Cyprus has increased dramatically and the interest of the business and commercial world in finding an ADR Method, both from the Court and from Arbitration, which is not confrontational, has turned the eyes of several stakeholders to Mediation as an economic, speedy confidential and peaceful option to resolve a dispute between 2 two parties.

 

*Το περιεχόμενο του παρόντος άρθρου έχει ισχύει κατά την ημερομηνία της πρώτης έκδοσής του. Αποσκοπεί στο στα παρέχει μια γενική εισαγωγή και καθοδήγηση στον εν λόγω θέμα και σε καμία περίπτωση δεν συνιστά νομική συμβουλή. Σας συνιστούμε να αναζητήσετε επαγγελματικές συμβουλές σχετικά με το συγκεκριμένο σας θέμα προτού προχωρήσετε σε οποιαδήποτε ενέργεια με γνώμονα τις πληροφορίες που περιέχονται στο πιο άνω κείμενο. Για περισσότερες πληροφορίες ή συμβουλές, παρακαλώ επικοινωνήστε με τον Ko. Χρίστο Γ. Γεωργίου, Δικηγόρο, Διαμεσολαβητή & Νομικό Σύμβουλο στην δικηγορική εταιρεία CHAMBERSFIELD ECONOMIDES KRANOS, στην Λεμεσό, τηλ. +357 25 356 800 ή στα emails c.georgiou@eklawyers.cominfo@eklawyers.com.   

 

* The content of this article is valid as at the date of its first publication. It is intended to provide a general guide to the subject-matter and does not constitute legal advice. We recommend that you seek professional advice on your specific matter before acting on any information provided. For further information or advice, please contact Mr. Christos G. Georgiou, Advocate, Mediator & Legal Consultant at the Law Firm CHAMBERSFIELD ECONOMIDES KRANOS, in Limassol Cyprus, # +357 25 356 800 or email at [email protected], [email protected].

Chambersfield Economides Kranos joins the Great Britain Cyprus Association

Chambersfield Economides Kranos is pleased to announce that has recently become a member of the Cyprus Great Britain Association.

Michalis Economides, a distinguished approved Barrister of the Cyprus Bar Association and Barrister of the United Kingdom and Wales founded the multi-awarded international law firm.  Chambersfield Economides Kranos has a physical presence in more than nine jurisdictions and undertakes a wide range of internationally complex, integrated, legal, corporate, and consulting services.

The Firm focuses on providing legal and advisory services in civil, political, maritime, commercial, banking, corporate, labor, energy, European, immigration, family, criminal law, liquidation, and issues resolution of commercial disputes and mediation.

The Great Britain-Cyprus Business Association is a business association based in Great Britain that helps to promote both Cypriot and British companies and allows its members and subscribers to view any future potential of cooperation between the two countries. The Association is often organizing business events, roadshows, and private business meetings for networking.

Mr. Michalis Economides stated that he is pleased for the Firm to be part of this distinguished Association and is looking forward to an excellent cooperation ahead.

Chambersfield Economides Kranos, is recognized by Gold Magazine 2021 Leading Law Firms, as one of the leading and best International Law firms in Cyprus and abroad.

Chambersfield Economides Kranos values customer relationships, innovation, loyalty, trust, commitment, integrity, and teamwork.  These are some of the fundamental principles governing our team and describing our positive long-term relationships with our customers.

 

Gold Legal Issue – July issue

Chambersfield Economides Kranos, is an innovative and progressive International Law Firm with a physical presence in more than nine countries, which undertakes comprehensive legal disputes and business cases that fall within the scope of litigation and arbitration. The firm is recognized by various accredited legal networks such as The Legal 500, Al Global, and Corporate Intl for its multijurisdictional law practice.

The expertise and knowledge of our team of attorneys and legal consultants enable us to undertake a comprehensive range of complex disputes and business cases. Although our core business is based upon the provision of legal and corporate services, our diverse abilities assist us in superseding the ordinary.  The firm provides legal consultation in various private individuals, corporate entities, and financial institutions in times of need of an unbiased professional, legal, and consulting perspective.

In addition, the multi-level experience, comprehensive understanding of regulations and legislation, and knowledge of the international commercial and business industry advance our team of lawyers and legal consultants to a higher level of consultancy. Our team provides advice to a vast range of cases covering all aspects of the business functioning, from startups to multi-national structures.

Our experienced team of attorneys undertakes a comprehensive range of complex legal disputes and business cases that fall within some of the following areas:

Corporate & Commercial Law

Our firm’s team of corporate lawyers has great expertise in corporate and commercial law. We can provide legal support and guidance to ensure that all parties’ commercial interests are protected. Our services include legal advice and assistance throughout the business lifecycle, including company formation and administration and management of all types of businesses.

Admiralty and Shipping

Chambersfield Economides Kranos has substantial experience and knowledge on admiralty and shipping law, both nationally and internationally. Our law firm can assist you with all aspects of admiralty and shipping law issues. We undertake cases on behalf of owners, managers, charterers, freight forwarders, and their respective insurers.

Banking and Finance

Our law firm provides successfully and vigorously professional advice in all types of loan and financial arrangements. With a range of external partners worldwide, we can deal with any issue that arises anywhere in the world. We can advise clients on mergers and acquisitions, insolvency, restructuring, banking litigation, but we also prepare the necessary legal documents to represent our clients before Court.

Criminal Law

Our lawyers are qualified to advise and represent you at any Court concerning criminal law defense proceedings.

Debt Recovery

One of the greatest challenges that corporate entities have to deal with nowadays is collecting debts.  Currently, many companies have difficulties collecting their due balance because some of theirs debtors encounter liquidation problems

Employment Law

Chambersfield Economides Kranos has substantial experience in all aspects of Employment Law. The firm has extensive knowledge and experience and the ability to engage in an employment Court case and resolve issues related to employment in Cyprus. Furthermore, our team can plan and implement compliant labour strategies and to help clients to encourage a diverse and successful workforce.

Energy

Our firm offers legal advice to its clients in the Renewable Energy sector.  Our experienced team of lawyers, advisors, and solicitors can assist you and prepare any legal documentation needed to ensure that your business will be compliant with all Cypriot, European, and International Laws.

Family Law

Our law firm can deal with any issue that arises concerning family disputes. Family law does not only include divorce; family law can also get the form of property and child custody disputes.  Furthermore, our law firm can assist you in adoption cases and prepare all necessary documents in a professional, confidential, and immediate way.

Immigration Law

We offer services in all matters relating to immigration law in order to assist our EU and non-EU national clients that might be interested in residing in Cyprus and enable them to reduce time-consuming immigration procedures.  Our main areas of expertise include permanent and temporary residence and working permits, ID/Passports, Visas, immigration permits, citizenship applications, purchasing a property in Cyprus, and applications at the Ministry of Council for permission to buy property.

Intellectual Property

Our experienced team can provide advice to help manage, enforce, and protect intellectual property assets even in the most complicated cases, both in Cyprus and worldwide.

Real Estate

Chambersfield Economides Kranos provides its clients with advice on all aspects related to Real Estate Law. Our firm supports our clients in their most important real estate projects by helping them to mitigate risk and achieve their commercial goals.

Tax Law

We have an in-depth understanding of the tax system in Cyprus and abroad to support and advise clients in the complex area of tax and practice, whether on a stand-alone basis or a client’s business in a commercial transaction. Our firm offers services in all matters relating to taxation, such as capital gains tax, stamp duty, VAT, Cyprus tax law, and international tax law.

Moreover, our firm is differentiated from competition for its innovative business comprehensive way of thinking, which is coherent with the customer-centric approach and its selective clientele. The overall fundamental core value of the firm is to create and preserve long-term relationships with customers and not one-off business dealings. With this practice, customers become “partners” in this mutual relationship and are not treated as customers in a traditional and typical manner.

The firm’s modus operandi is composed of a professional approach that supports every solution and decision provided to the customer. Furthermore, in order to ensure customer satisfaction, structural procedures are being followed until the completion of each case.

The firm values customer relationships, innovation, loyalty, trust, commitment, integrity, and teamwork.  These are some of the fundamental principles governing our team and describing our positive long-term relationships with our customers.

 

ciba and cke

Chambersfield Economides Kranos joins the Cyprus International Business Association (CIBA)

Chambersfield Economides Kranos is pleased to announce that has recently become a member of the Cyprus International Business Association (CIBA). 

The multi-awarded international law firm was founded by Michalis Economides; a distinguished approved Barrister of the Cyprus Bar Association and Barrister of the United Kingdom and Wales. Chambersfield Economides Kranos has a physical presence in more than nine jurisdictions and undertakes a wide range of complex, integrated, legal, corporate, and consulting services on an international level.

The Firm focuses on providing legal and advisory services in civil, political, maritime, commercial, banking, corporate, labor, energy, European, immigration, family, criminal law, liquidation, and issues resolution of commercial disputes and mediation.

Mr. Michalis Economides stated that he is pleased and honored for the Firm to be part of this eminent Association and is looking forward to an excellent cooperation ahead.

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In summary, the significant changes are as per below:
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The disruptive force of the Covid-19 Pandemic has disturbed the balance of all businesses’ operations and changed the way people think and act.

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