What are the duties and functions of a Mediator?

The Civil and Commercial Mediator is a professional expert in the resolution of disputes arising between two or more subjects, with a strong ability to listen and analyze to fully understand the needs of the parties and stimulate dialogue, in order to reach a peaceful resolution.

The Ombudsman has the task of helping the parties to resolve the dispute peacefully, i.e. without having to resort to civil litigation. This out-of-court procedure is mandatory for some subjects.

What skills should a mediator have?

The competences of the Ombudsman can be summarized in: mediation, orientation, accompaniment, information, reception.

The Mediator is an impartial subject who works to find an alternative resolution to a dispute between two parties. He is a Professional who possesses the professional qualification and integrity requirements useful for being able to practice the profession.

The Ombudsman facilitates communication between the parties in dispute, favoring the emergence of their real interests and thus facilitating an amicable solution to the dispute.

The Mediator also has the power to formulate a proposed solution that the parties are free to accept.

What professional requirements must the Ombudsman have?

Must have a high school diploma, attended a

training course of at least 50 hours at institutions accredited by the Ministry of Justice and having passed an exam aimed at ascertaining the aptitude and professional capacity of the candidate in relation to the chosen branch of mediation.

What are the obligations of the Ombudsman?

The Mediator and his assistants are prohibited from assuming rights or obligations connected, directly or indirectly, with the business handled, except for those strictly related to the provision of the work or service; they are prohibited from receiving compensation directly from the parties.

The Ombudsman is also required to:

a) sign, for each business for which he is designated, a declaration of independence and

impartiality according to the formulas provided for by the applicable Rules of Procedure, as well as any additional commitments provided for by the same Rules;

b) immediately notify the Supervisor of the Body and the parties of all the circumstances,

emerged during the procedure, likely to affect his independence and impartiality;

c) to formulate conciliation proposals in compliance with the limits of public order and mandatory rules;

d) respond immediately to any organizational request from the Head of the Body.

At the request of one of the parties, the Head of the Body provides for the possible replacement of the Mediator. The Regulation identifies the different competence to decide on the application, when the Mediation is carried out by the Head of the Body.

How to enroll in the register of civil mediators?

Mediators can register in the Register of Mediation Organizations only after having completed the training course held by the Training Organizations accredited by the Ministry of Justice, and registered in the appropriate List as provided for in art. 18 of the DM 18 October 2010 n. 180.

Where can a Civil Ombudsman work?

Once you have obtained the qualification, you can operate as a Mediator at any Mediation Organism, at the Councils of the Forensic Orders, at the Chambers of Commerce, at the Chambers of Conciliation in the Banking, Telecommunications, Service Delivery, Transport sectors.

How to become a Mediator of the Organization

The Concordia et Ius conciliation body intends to offer the parties and their lawyers the most expert mediators in the resolution of individual disputes.

The procedure for selecting the most suitable Mediators and their permanence within the Body assumes fundamental importance, which solicits continuous feedback from the parties and lawyers after each mediation.

Procedure

The Ombudsman who aspires to be part of the Body, fills in and sends the form below, with a curriculum vitae attached.

Subsequently, having the minimum necessary requisites, an interview will take place with the Manager

of the Body with the task of evaluating the aspiring Mediator.

If successful, he will participate in the training course of the Body in order to acquire a highly qualified method of mediation through an audition in some mediations (the number varies on the basis of the Mediator's experience) conducted by different Mediators.

An advanced training will take place by the body's expert mediators, on mediation techniques in the areas of specialization and an interview with expert mediators to evaluate the preparation for the appointment in the first mediations.

This will be followed by the appointment in the first mediations and the coaching activity by the most experienced Mediators during these mediations.

There will be a debriefing after each mediation with the most experienced Mediators and the approval of the nomination requested by the parties in the instance, the success rate of the managed mediations will be assessed, through the evaluation questionnaires and feedback from the parties.

Following confirmation as Mediator, ongoing discussions and feedback will take place between Mediators