Res Aequae Adr Srl

Iscritto al n° 185 del Registro degli Organismi di Mediazione del Ministero della Giustizia

ISCRITTO AL N° 324 DEGLI ENTI ABILITATI A TENERE CORSI DI FORMAZIONE DM180/2010


ORARI SEGRETERIA: ORE 10.30/12.30 - 14.30/16.30
TEL. 0565/917931 - 335/7111722  FAX. 0565/1989112 EMAIL: SEGRETERIA@RESAEQUAEADR.IT PEC: info@pec.resaequaeadr.it

Mediation

Mediation is the activity conducted by an impartial third party (called Mediator), aiming to assist two or more subjects:
• in finding an amicable agreement for the settlement of a dispute ;
• in drafting of a proposal to resolve the dispute.
Mediation is conducted through the support of organizations, public or private, authorized to run the mediation process (without, however, the power to make decisions or judgments) enrolled in a registry established by the Minister of Justice.


What are the advantages of mediation?


Mediation is a new legal institution designed to be efficient.
Mediation is characterized by minimal formalities required by the procedure.
Mediation must be conducted in  a very short time (120 days), unlike the slow processes.
Mediation involves  very low legal fees.
Mediation looks to the overall relationship between the parties involving a third subject as an impartial Mediator, who shall assist them in finding a non-judicial settlement of the dispute through friendly agreements aiming to redefine the objectives, content and timing relationships between the parties, without actual winners and losers, but looking at the overall relationship between them also in view of the future.


Which possible mediation?


In general, three types of mediation have been provided:


1) optional, when freely chosen by the parties;
2) mandatory (from March 4th, 2011), when imposed by law. In this latter case the mediation process must be completed, on pain of admissibility ( to be claimed in the first defense by the defendant, or by the court not later than the first hearing), in cases of disputes relating to particular matters, namely:


• building;
• real rights;
• Division;
• succession;
• Family Pact;
• Lease;
• convenience;
• rental company;
• Damages resulting from the movement of vehicles and boats;
• Damages resulting from medical liability;
• Damages resulting from defamation by the press or other means of advertising;
• Insurance, banking and financial contracts


3) Judicial,  when the judge orders the parties to undertake a process of mediation.  The order might be made at any time before the hearing provided for clarification of the findings or, if that hearing is not expected,  prior to the debate of the case.


The Institute of mediation may not involve:


• proceedings for injunction, including the opposition, pending on the applications for granting and withdrawal of provisional execution;
• procedures for validation of license or eviction until the change of rite of Article. 667 c.p.c.;
• the owners proceedings, up to the pending measures under Article. C.p.c. 703, paragraph 3, c.p.c.;
• the opposition proceedings incidental or cognition, relating to enforcements;
• proceedings in closed session;
• civil action pursued in the criminal trial.

How to start a mediation?

Anyone can access the mediation alleging available civil and commercial rights, without ruling out other negotiations or complaint procedures provided for in the charters.
The request for mediation must be made by deposit of an application with the competent authority. If multiple applications relate to a dispute, mediation takes place in front of  the Organization where the first question was presented. To determine the time of application, the date of receipt is the legal criteria


The application must indicate:

1)     the organization, 2) parties, 3) the object of the claim 4) the reasons for the claim.

The mediation process takes place according to the Regulations of the Organization chosen by the parties.

Mediation can take place via web.

Upon appointment,  a lawyer is obliged to inform clearly in writing the possibility to use the mediation process and its tax advantages. This document, signed by the customer, must be attached to the application in the eventual trial. Otherwise the court will inform the party of the right to undertake a mediation process.




How des a mediation last ?

The mediation process will last maximum 120 days. The period is counted from the date of filling the application for mediation (or the expiry of that fixed by the court for the filing thereof) and is not computed for the purposes of the reasonable duration of the CD process.



Costs

All acts and documents related to the mediation process shall be exempt from stamp duty and all expenses, taxes or charges of any kind and nature. The official written agreement is exempt from registration tax up to a maximum value of 51,646 euros.

The Minister of Justice will determine:

 

a)     the minimum and maximum amount of allowances payable to public Organizations, the method of calculation and the method of allocation between the parties;

b)    the criteria for approval of allowances proposed  by private organizations;

c)      the maximum increases of the compensation due, not exceeding twenty-five percent, assuming success of the mediation;

d)    the reduction of the minimum compensations in cases where mediation is mandatory.

The parties who have paid compensation are recognized a tax benefit in the form of a tax credit of up to 500 euros, which should be disclosed, subject to revocation, in the declaration of income.



How does a mediation work?

An application is submitted to the Organization

The responsible of the Organization shall appoint a Mediator, fixing a  first meeting between the parties (no more than 15 days from  the filing date)

The other party is advised (if necessary technical competencies, the Organization may appoint one or more mediators auxiliary)

The hearings are conducted without any formality at the head office of mediation or the place specified by the Rules of Procedure of the Organization and the mediator shall ensure that the parties reach an amicable agreement.

If an agreement is reached, the Mediator draws it up, and it is signed by the parties

The agreement (not contrary to public policy or mandatory rules), which may include the payment of fees for each subsequent violation or breach, is approved by decree of President of the Court, in whose district organization is located, after formal verification of the regularity;

 

If no agreement is reached the civil trial begins

If the Judge’s final decision corresponds entirely to the mediator proposal, there are important effects on costs.

 

In fact the judge may:
a) preclude the recovery of costs of the successful party who refused the proposal;
b) order to pay the costs of the counterparty;
c) order the payment of additional sum, an amount corresponding to the unified contribution due.



It is kept confidential?

Anyone who lends his work or his service in a mediation organization is obliged to confidentiality in relation to the statements made and informations acquired during the mediation process. Unless otherwise agreed by the parties, statements or informations acquired during the procedure can not be used in the trial on the same subject, even partial, summary or started after the failure of mediation. The Mediator can not be required to testify on the parties, known in the mediation process.


Obligations of the Mediator

 

The mediator and his staff can not receive compensation directly from the parties or take rights or obligations, directly or indirectly with the business transacted (with the exception of those closely related to the performance of the work or service).

The Mediator must also:
• subscribe for each mediation to which he is designated a declaration of impartiality;
• immediately inform the organization and the parties when there are reasons that undermine the impartiality in the conduct of mediation;
• formulate proposals for conciliation respecting public policy and mandatory rules;
• pay immediately attention to every request of the organizational responsible. At the request of either party, the Organization may replace the Mediator. If the mediation is conducted by the responsible person of the organization, the regulation identifies the competent body to decide on the instance.


 

 

 

Low formality


The mediation, compared to a normal civil case, is characterized by a minimum of formalities, both at the beginning of it, and for the entire procedure performed.
In fact, in order to start a mediation procedure, simply submit an application to the Organization, indicating, also in a "summary":
1) the Organization;
2) the parties;
3) the object;
4) the reasons for the claim.


Procedure is then applied to the regulation of the body chosen by the parties, and also you can apply via web.



Shortness:


Mediation has a very short time compared to normal processes, characterized by its slowness, from which often some 'actors' benefit, to discourage other parties from making or continuing a trial already commenced.
The mediation process, by law, must have a duration of 4 months, and after submitting the application, you must have an initial response and its establishment of the first appearance before the ombudsman within 15 days.
In the case of civil proceedings for the same materials identified by law which will make mandatory mediation, the average length of proceedings in front of the “Giudice di Pace” is about one year from notification, and can be as high as approximately 2 years, in addition to several months for the publication of its ruling.
With regard to a dispute to civil court, whether because of different terms, and more dilated, fixed by the Code of Civil Procedure, or because of certain circumstances excessive workload backlog, the timing is also more than doubled.
And it is only the first of three instances!

Reduced expenses:


The costs that the parties will face for the conveyance and to resist in a mediation process, are much smaller than in normal trials.
All acts, documents and measures related to the mediation process shall be exempt from stamp duty, taxes and fees.
Furthermore, the verbal agreement is exempt from stamp duty up to the limit of € 51 646 €

You are here: Mediation Mediation

Questo sito web usa i cookies solo per migliorare la tua esperienza di navigazione.Quiccando su "Accetto" oppure utilizzando questo sito web, dichiari di aver letto ed accettato la nostra cookie policy. Approfondisci.

Accetto i cookies da questo sito.

EU Cookie Directive Module Information