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

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 €

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