Receiving a summons from a mediation body can raise various questions, doubts or uncertainties in the “non-experts”. mediation guide This short guide, simple but comprehensive, helps you make the right decisions in complete serenity.
When it is convenient to join the mediation process mediation guide
Mediation is a quick, cheap and effective tool that allows the parties in dispute to resolve their dispute by reaching a shared and satisfactory agreement for both, thanks to the intervention of a third -party , independent , impartial professional with specific training in the field: the mediator , registered in a special register held by the Ministry of Justice.
It is a negotiating tool , not a judicial one. In practice, mediation does not distribute rights or wrongs, but negotiation techniques are applied that allow the parties to reach an agreement which, by satisfying their interests, extinguishes the dispute.
Even if civil mediation has been introduced in Italy for several years now, the tool remains very little known even among the “insiders” themselves, primarily among lawyers, who in our country are generally not very accustomed to negotiating and prepared almost exclusively to the litigation in Court mediation guide https://fleetwoodfamilylaw.ca/separation-agreements/
For this reason, although mediation is extremely effective and advantageous, it is often not exploited to its full potential which, if properly interpreted, would allow the litigant parties to resolve their problems in a few weeks, spending – on average – five times less than in a civil case and, above all, with the great advantage of closing the dispute with a shared negotiating agreement which, by its nature, will always be fully satisfactory (otherwise it would not be accepted by all the parties), in relation to the uncertainty of the judicial sentence.
Precisely because of the lack of habit that all of us – citizens, businesses, lawyers – have in using this tool, being summoned in a proceeding to an accredited Mediation Body we will probably ask ourselves many questions:
Why was I called to Mediation? mediation guide
If I join Mediation, do I somehow admit my responsibility?
What happens if I don’t participate? mediation guide
Do I have to participate assisted by a lawyer? mediation guide
What are the advantages and disadvantages of my participation in Mediation?
Will the mediator pass judgment on the case? mediation guide
Which lawyer should I be assisted by?