The mandatory mediation, introduced by Legislative Decree No. 28 of March 4th 2010, represents the activity of an impartial third party who assists two or more parties to reach an amicable agreement aimed at settling a dispute and formulating a proposal of settlement.
Since March 2011 those who undertake a legal action must, therefore, previously undergo a conciliation and arbitration procedure.
MANDATORY MEDIATION CASES
The mandatory mediation it is envisaged for several specific cases:
- Condominium disputes;
- For real rights: property, usufruct, easement, etc.;
- For hereditary division and successions;
- In family agreements;
- For lease or loan contracts;
- For Business rents;
- For claims of damages from: circulation of vehicles and boats, medical liability, defamation by press or other advertising means;
- For insurance, bank and financial contracts.
DURATION OF THE MEDIATION
The mandatory mediation process must have a duration no longer than 3 months. The procedure is activated before a mediation body which, upon request, and following registration in a specific register, governed by the Ministry of Justice, it is authorized to manage the aforementioned procedure.
Upon activation of the mediation process it will be appointed a mandatory mediator who will be responsible for dealing with the chosen matter and work to ensure that the parties reach a conciliation.
In case an agreement is achieved, the mediator will draw up a positive conclusion report which will be signed by both parties and their lawyers.
If you are looking for legally recognized Italian mediators or a mediator in Milan, inserted in the register of mediators, visit our website or contact us!