Mediation in Cross-Border Matrimonial Property Disputes and Property Disputes of Registered Partners: Greek Law and Policy

Mediation has long been established as a suitable method for the resolution of family law disputes worldwide. In the last decade, mediation has been highly promoted also at the EU level. Particularly with regard to cross-border family disputes, agreed, out-of-court, solutions are encouraged and gaining increasing importance. The Jumeaux (Twin) Regulations on property regimes of spouses and registered partners explicitly follow this trend. The present chapter aims at providing a succinct illustration of the Greek policy on mediation, the legal issues arising and the processual dimension of mediation, focusing on the case of cross-border property disputes of spouses and registered partners. From a national policy point of view, the detailed regulatory framework is analysed, as applied to this category of disputes. Subsequently, the chapter attempts to shed light to the main legal issues arising in terms of applicable law and cross-border recognition and enforcement of mediation agreements. From a processual point of view, it is highlighted that cross-border family mediation requires specific qualifications and skills of the mediator, beyond those necessary for common mediation.