COMPULSORY MEDIATION PROCESS
WHAT DOES IT MEAN MEDIATION PROCESS?
Mediation is a process in which the Attoreny plays the role of external pacifier with the purpose of finding a reasonable agreement between the two parts even helping in a fair negotiation
[Source: Ministry of Justice]
Mediation Process is, as the matter of facts, a practice meant to solve conflicts.
There are three types of mediation, which are the followings:
- optional mediation: parties decide whether start a mediation process or not in order to solve their dispute;
- compulsory mediation: required by Law in some specific cases;
- deputy mediation: the Judge suggests mediation as a useful way to solve the controversy.
COMPULSORY MEDIATION: WHAT IS IT AND HOW IT WORKS?
Compulsory mediation is law-required solving path for some specific out-of-court controversies. Parties in the controversy are required to use the mediation process before they initiate a lawsuit. Comma 1-bis, art. 5 d.lgs. 28/2010 requires a compulsory mediation process in the following cases:
- lease
- loan
- companies rent
- medical and healthcare liability
- libel
- condominium controversies
- property law
- divisions
- heirdom
- family contracts
- insurance, banks, financial contracts
In all these cases it is compulsory to give mediation a try, before going to the court. Mediation should be held in front of Mediation Organism specifically appointed, moreover, the party which intends to initiate a lawsuit has the duty of trying the mediation.
The office receives phone calls every afternoon from Monday to Thursday from 4.00pm to 6.30pm
The FIRST APPOINTMENT at the Milan law firm is fact-finding for the assessment of the problem and is therefore FREE.
What is the attorney role in mediation process?
The attorney role is different based on the following cases:
- compulsory mediation is initiated by the attorney’s client. In this case, the attorney is required to manage all the introductive part of the mediation process and to assist his client at best of his possibilities in order to obtain a warranty agreement;
- compulsory mediation is initiated by the counterpart, In this case the attorney is required to consider, with his client, whether they want to participate in the mediation processes or not and if any, find the best way to give a response to the mediator and the counterpart.
In her legal office in Milan, Attorney Previtera offers consultations and assistance for compulsory and non-compulsory mediations in the fields she practices.
