Pursuant to Article 17 of the draft bill of the Ministry of Justice, which was submitted to the Hellenic Parliament on Friday, 13.2.2026, two new sentences (fifth and sixth) are added to paragraph 1 of Article 237 of the Code of Civil Procedure (CCP), as follows:
“In the event that a record of settlement is not signed, the case shall be reintroduced before the competent court by means of an application filed with the court registry by any of the parties. The registry shall draw up a report of filing and scheduling of the hearing date and shall notify the parties ex officio.”
Law 5221/2025 introduced the provision that, where a case is referred to mediation during the pendency of proceedings, it shall be removed from the court docket. This amendment substantially strengthened the institution of mediation by disengaging it from procedural constraints and by preventing its instrumentalisation for the purposes of delay or extension of procedural deadlines.
The proposed provision expressly clarifies — in order to dispel any doubt — the manner in which a case is reinstated before the court where mediation has not been successful and a record of non-settlement has been signed. In particular, it clarifies the cost-free nature of the reinstatement procedure.
More specifically:
a) The initiating party files an application with the registry of the competent court, setting out the case details and attaching the record of non-settlement. The application must be signed by a lawyer, as is required for all procedural acts.
b) No advance collection fee is payable, as is likewise the case with a summons.
c) The registry draws up a report of filing and scheduling of the hearing date and notifies the parties ex officio.
Accordingly, the court itself undertakes notification of the hearing date to the parties, without requiring service at the initiative and expense of the parties, thereby exempting them from the associated costs.
A similar practice is followed in administrative proceedings and in certain instances of civil procedure (see Article 254 CCP).
d) As regards time limits, the applicable provisions governing summonses shall apply, depending on the procedure followed.
The provision establishes a clear, simple and cost-free framework for reinstating the case, without procedural gaps or financial burdens that could operate as a disincentive to the choice of mediation as an appropriate dispute resolution method.
