Conciliations in Civil and Commercial Matters

The Firm shares and believes in the purpose pursued by the recent introduction of the institution of "Mediation aimed at the conciliation of civil and commercial disputes" (DL March 4, 2010 No. 28 as amended) of offering an alternative dispute resolution to the judicial one, with considerably less time (maximum 4 months) and costs.

The mediation process can be requested by anyone and, as of today, is mandatory before bringing court action with respect to disputes relating to real rights, division, hereditary succession, family pacts lease, commodate, business lease, compensation for damages arising from medical liability, compensation for damages arising from defamation by the press or other means of advertising, and banking and financial. As of March 20, 2012 (unless extended), it will also be mandatory for condominium cases and compensation for damages arising from the use of vehicles and watercraft. It is possible to request such proceedings for matters concerning any other matter even if not provided for as mandatory.

The mediation process is introduced by submitting the relevant application to the chosen body (to be chosen from a list of bodies authorized and accredited by the Ministry of Justice), which appoints a mediator, who will schedule one or more meetings, usually at the body's premises, with the parties, jointly or separately, in order to help them reach an agreement. If the agreement is reached this is binding between the parties, otherwise the parties can always - if they so choose - take legal action to protect their rights. The mediator is bound by professional secrecy, and statements made or information acquired during the mediation process may not be used in court except with the consent of the declarant.

The firm offers advice on the advisability and modalities of conducting the proceedings and legal assistance to the party in the conduct of the same using the specific expertise of an experienced partner in mediation and conciliation.