Quadra - Alternative Dispute Resolution

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November 2011

Mediation in Italy - statistical survey with national projections: March 21st - September 30th, 2011

Operational data of the first six months since the enactment of the decree no. 28/10 have been published. The decree introduced in our country, for the first time, an organic discipline which provided, as noted, for the deflation of the judiciary case-load.
The precedent situation was analyzed in late June.

What are the most interesting data emerged from the surveys that the Ministry of Justice carries on the work of the several mediation bodies accredited (currently over 700)?

Meanwhile, a given quantity for the number of applications submitted for mediation. We are more than 5,000 per month and growing. There was a peak in June (7'333) and a sharp decline in August (2'534). In absolute terms, it's a small thing, considering the input recorded by the judicial system (about 400,000 new cases / month), but clearly the mediation is still in the kick-offs and considerations will be weighed only between few years.
Second observation: how many mediations are actually required (of course given that the parties can join the call to the request made to them or not)? Few (1 / 3 of total), but all in all in line with what is happening abroad for years. The negativity of the data is compounded by the fact that the Italian system provides mechanisms for "mandatory" with respect to the establishment of certain court cases in the general subject matter of mediation and sanctions against those who choose not to participate. Evidently it is not so strong bogey.

As for the utility to the parties who have decided to bring the mediation, the Ministry was merely stating only that an agreement is completed or not. As known, the success of a mediation should not be measured only on this parameter, but there it is, for now. Here too low rates, about half of cases, where the average current - always to maintain a benchmark based on achieving an agreement - it is around 70-75%. Whether it's lack of ability of the mediators? It is possible that many of those involved in this first phase, the activity was the first opportunity to put skills on the pitch too hastily formed. Even so, you should probably wait for the sedimentation of good practice.

Finally, as to the reason that led to the launching of proceedings is granted to record a preponderance (75%) cited reasons arising from "mandatory", and also an interesting percentage (23%) of mediations called voluntary, at the sole initiative of party without your even there was a clause requiring the use of the instrument. Definitely depressing but the percentage of mediation cases relating to "delegated" by the judge. This is a paltry 1%! And to think that the judges' contribution to the development of mediation would be made "no cost" to the process (4 months to give the parties to mediate a rule occupies only a portion of the ordinary court in hearing and hearing), oltrecché advantageous for the same concerned (how many judgments to be drawn up in less). It is perhaps only a matter of time, and returning the parties to the mediation will fall sooner or later in the habit of judging. For now it's just a missed opportunity.

Last observation: the average value of the disputes brought to mediation is to 93'000 Euros. Not bad. Confirms that the mediation proceedings especially useful for questions of a certain value, blatantly defying the myth - widespread in recent years - something that was only for matters bagatellari.

C. Mosca

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