deflate the Italian justice system compared to the load and the risk of arrears to accumulate new ritardo.E 'This is the aim of the new institution of civil and commercial mediation approved by the Cabinet at its meeting on 28 October with a legislative decree implementing the reform of civil procedure (Law 69/2009).
This is a new that, when fully implemented, is intended to modify the mapping of the civil trial.
E 'defined mediation activity, however named, conducted by an impartial third party and aimed to assist two or more subjects: •
is in finding an amicable agreement for the settlement of a dispute (ie the mediation of composition) is
• in formulating a proposal for resolving the dispute (cd proactive mediation).
Mediation is the means to reach conciliation to achieve this, there is support for the bodies, or public or private, authorized to conduct the mediation process (without the authority to impose a solution), enrolled in a registry established by the Minister of Justice.
Freedom of forms
Anyone can access the mediation, provided rights issues arise available, do not exclude a priori forms of negotiation.
There are no special formalities, and you can also use telematic means.
E 'simply filed with the competent authority, stating: •
the body;
• parties;
• the object;
• the reasons for the claim (ie the cause of action).
E 'will be a sort of lis pendens: If more applications relating to a dispute, the mediation takes place before the agency which was the first application (the time the application is identified with the date of receipt of the notice).
All records, documents and measures related to the mediation process shall be exempt from stamp duty and any other expense, fee or charge of any kind and nature, art. 17.
However, it should be noted that there is a new requirement for the lawyer, who must inform the insured in a clear and written in the first interview, the possibility of using the mediation process, the document signed by the customer and thus formed will be annexed to application in the eventual trial, otherwise it will be the judge to inform the party of the right to undertake a mediation process.
types of mediation are being envisaged, essentially, three types of mediation:
1) optional, when freely chosen by the parties;
2) mandatory (shall enter into force eighteen months elapsed from the date of entry into force of the decree, which talks, art. 24), when imposed by law, the mediation process must be completed, on pain of admissibility (from defensive contest in the first act by the defendant or the court no later than the first hearing), where of disputes relating to: •
condominium;
• real rights;
• Division;
• hereditary succession;
• pacts family
• Lease;
• loan;
• rental company;
• Damages resulting from medical liability;
• compensation damages resulting from defamation by the press or other means of advertising;
• insurance contracts, banking and financial
3) court when the judge is to invite the parties to undertake a process of mediation (by order) 's call may be made at any time, provided prior to the hearing clarification of the findings or, if that hearing is not provided, before discussion of the case.
The Institute of mediation can not relate to: •
proceedings for an order, including the opposition, pending on the applications for the grant and the provisional suspension of execution;
• procedures for validation of license or eviction, up to the change in ritual in art. Cpc 667;
• proceedings owners, pending delivery of the measures referred to in art. Cpc 703, subsection 3, Code of Civil Procedure;
• the opposition proceedings incidental or cognition, the enforcement;
• Cases in closed session;
• civil action pursued in the criminal trial. Proceedings
The mediation process will last four months.
is the application of mediation>> the person in charge of designating a broker, setting the first meeting between the parties (so no later than days from the filing date)>> is on the other party (if necessary technical skills particular, the agency shall appoint one or more mediators auxiliary) à mediator seeks an amicable agreement:
1) if we reach an agreement (conciliation), the Ombudsman shall draw up a report, 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 non-compliance, is approved by the President of the Court, in whose district the body is located, after establishment of regular formal title is executive approved the minutes for the repossession, for specific performance and to mortgage its proceedings;
2) if there is no agreement (conciliation), the mediator form Minutes of the proposal and stating the reasons for the failure to agree>> start the lawsuit>> when the measure which defines the proceedings is entirely the contents of the proposed conciliation, the judge
a) excludes the recovery of costs of the successful party who refused the proposal for the period following the same;
b) ordered to pay the costs of counterpart ;
c) ordered to pay an additional sum, in an amount corresponding to the contribution due to unified. Privacy
Whoever lends his work or his service in the body is obliged to confidentiality in relation to the statements made and information acquired during the mediation process, pursuant to Art. 9.
Unless the parties otherwise agree, the statements made or information obtained in the course of the proceedings can not be used in the trial on the same subject, even partial, summary or initiated as a result of the failure of mediation.
The Ombudsman may not be required to lay on the parties, known in the mediation process, taking advantage of the guarantees of freedom of the defendant, pursuant to Art. 103 Code of Criminal Procedure and the rules on professional secrecy, art. 200 cpp
conciliation bodies, bodies responsible for mediation shall be public or private, that provide a guarantee of reliability and efficiency, entered in the register.
The advice of the Bar, but also other professional bodies, bodies may establish, by its own staff and its premises.
will be established at the Ministry of Justice, the register of trainers for the mediation.
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