Lawyers in Cyprus to Mediate in Disputes: Cyprus Lawyers, Cyprus Law Firms are now being organized further for undertaking mediator or arbitrator matters by Cyprus Law 159(1)/2012, see article 1 of the Law. Cyprus Lawyers are a professional and regulated body of experts of high professional integrity. They are generally organised in Cyprus Law Offices by partnering together to form law companies of limited liabilities or LLCs. A Cyprus Lawyer practice law in all the levels of the Cyprus Courts. In Cyprus there is no differentiation between Cyprus Lawyers or Solicitors or Barristers.
The Cyprus Bar Association is the body which regulates all Lawyers in Cyprus. According to the new Law, Cyprus Lawyers can now act as Mediators in Civil and Commercial Disputes, thus filling in a gap in the Cyprus legislation.
Lawyers in Cyprus to Mediate in Disputes: Article 3 of the Law provides
(1) Subject to subsection (2), this Act applies in civil litigation, including cross-border disputes. (2) This Act shall not apply to- (A) Any civil litigation, cross-border or not, relating to certain rights and obligations for which the parties are not free to decide according to the applicable law; (B) Labor disputes which are not included in cross-border disputes independently if not raised in these rights and obligations which the parties are not free to decide according to the applicable law and; (C) Any tax, customs or administrative litigation or disputes relating to State responsibility for acts or omissions in the exercise of state power.
Lawyers in Cyprus to Act as Mediators in Civil and Commercial Disputes
So now Cyprus Lawyers and/or Law Offices will be fully equipped to undertake and execute mediations of all kinds in Cyprus either concerning business matters or civil disputes. Taking into account that Cyprus has discovered offshore NG deposits and that in the coming years many international companies will be using Cyprus as their HQ place of administration and operations such new legal services will bring in a lot of new business.
A Cyprus Lawyer is by this Law entitled to undertake and handle business disputes. All he has to do is to apply to the Cyprus Bar Association to issue a registration number for him. Law offices cannot be registered as such. Individual Cyprus Lawyers must personally to be registered in the Register of Mediators which is published by the Ministry of Justice and Public Order of Cyprus. For Lawyers who are entitled to act as Mediators see article 7 of the Law below. By article 7 the Register of Mediators may enroll any person:
(A) Is registered in the Register of Lawyers Practicing and holds an annual license to practice under the Advocates Act and if it wishes to undertake mediation under paragraph (b) of subsection (1) of section 5, is suitably qualified, as defined in this Article or is a member of the Cyprus Chamber of Commerce and Industry and the Technical Chamber of Cyprus, holds a recognized tertiary education and has attended special training as a mediator of forty (40) hours, which is organized by the Cyprus Chamber of Commerce and Industry or the Scientific and Technical Chamber of Cyprus or equivalent program. (B) Does not hold public office either permanently or temporarily or replacement of public service. (C) Has been convicted of a serious criminal offense or an offense involving dishonesty or moral turpitude. (D) Is not under guardianship or custody and has not been deprived of legal capacity.
Cyprus Lawyers to Continue Training Every 3 Years
Every Cyprus Lawyer according to article 12 who is entitled under this Law to exercise the profession of Mediator must continue training every 3 years. So any Cyprus Lawyer who: (A) Is registered in the Register of Mediators under sub paragraph (i) or (iii) of paragraph (a) of Article 7 and wishes to carry out as a Mediator, mediation under paragraph (b) of subsection (1) of section 5 or (B) Every Cyprus Lawyer Has been registered in the Register of Mediators pursuant to sub paragraph (ii) of paragraph (a) of Article 7 must continue his training in mediation, completing follow-up at least twenty-four (24) hours of training every three years, the first three years commencing on the expiry of three (3) years from the date of registration in the Register of Mediators and to submit the relevant certificate Minister. Provided that a person referred to in paragraph (b) of this section, the continuation of training conducted by a training program organized by the Cyprus Chamber of Commerce and the Technical Chamber of Cyprus or equivalent program.