What is Mediation?

For the purposes of this legislative decree 4 March 2010, n. 28, means:

a) Mediation: the activity, however denominated, carried out by an impartial third party and aimed at assisting two or more subjects in the search for an amicable agreement for the settlement of a dispute, also with the formulation of a proposal for the resolution of the same;

b) Mediator: the natural person or persons who, individually or collectively, carry out the Mediation without, in any case, the power to make binding judgments or decisions for the recipients of the service;

c) Conciliation: the settlement of the dispute following the performance of the mediation;

d) Body: the public or private body, where the mediation procedure can take place pursuant to this decree;

e) Register: the Register of Organizations established by decree of the Minister of Justice pursuant to article 16 of Legislative Decree 4 March 2010, n. 28, as well as, until the issuance of this decree, the Register of Organizations established with the decree of the Minister of Justice 23 July 2004, n. 222.

Mediation is the activity carried out by a professional with third party requirements, aimed at finding an amicable agreement for the settlement of a dispute, also with the formulation of a proposal for the resolution of the dispute.

Civil Mediation, in particular, is a legal institute having as its object the activity of Mediation and intermediation in the field of civil disputes between individuals, companies, associations or institutions, companies and consumers, between companies and the Public Administration.

It is regulated differently around the world. The European Union has asked the Member States to adopt specific legislation for the purpose of implementing the European Union directive 2008/52/EC in relation to civil and commercial matters.

The institute is aimed at deflation of the Italian judicial system with respect to the load of arrears and the risk of accumulating new delays. In fact, it represents one of the fundamental pillars of the reform of the civil process.

What is the purpose of Mediation?

Civil Mediation aims to bring the parties to a conciliation through the work of a Mediator, i.e. a professional, qualified and impartial person who helps the parties in conflict to settle a dispute.

The Ombudsman assists the parties in seeking an amicable settlement for the settlement of a dispute and in formulating a proposal for the resolution of the same.

The main task of the Ombudsman (who must work in a public or private body controlled by the Ministry of Justice) is to lead the parties to an amicable agreement, assisting them in the confrontation and removing any obstacle that could prevent the achievement of a shared solution. The Mediator, therefore, has no power to issue binding solutions for the parties, but limits himself to managing the times and phases of the same, leaving the parties involved to control the content of the final agreement.

Types of Mediation

From the point of view of method and relationship with the process, the Legislative Decree 28/2010 distinguishes four types of mediation:

Optional or voluntary, i.e. chosen by the parties Obligatory ex lege Demanded by order of the Judge, when in order to proceed before the judge, the parties must have attempted Mediation without success. Contractual and agreed

Condition of admissibility and relations with the process

Whoever intends to bring an action in court relating to a dispute concerning condominium, real rights, division, hereditary succession, family agreements, lease, loan, company rental, compensation for damage deriving from medical and health liability and from defamation with the medium of the press or other means of advertising, insurance, banking and financial contracts, joint ventures, consortiums, franchises, works, networks, administration, partnerships and subcontractors, is first required to carry out the Mediation procedure.

Differences with other institutes

The Legislative Decree n. 28 of 4 March 2010 clearly distinguishes the institute of civil mediation from other forms of conciliation already existing in the Italian legal system. The law, in fact, establishes that civil mediation must be understood as the activity aimed at settling a dispute and that, instead, conciliation is the mere result of this activity. This distinction has been well highlighted to underline the fact that civil mediation, compared to previous institutes aimed at settling conflicts, is now an innovative tool of general scope concerning all civil and commercial disputes.