调解

RULES APPLICABLE TO MEDIATION PROCEDURES ADMINISTERED BY QUADRA version 3 (May 2016)

N.B. The following Rules apply whenever the parties desire NOT to follow indications as per decree no. 28 of March 4, 2011. This may amount to a greater flexibility, although some advantages might be lost (e.g. the possibility to deduct the mediation costs from personal revenue taxation). In order to make a proper choice, parties are invited to consult with a legal expert.

1. The following rules apply to those Quadra ADR procedures in which one or more third party(ies) (hereafter "the Mediator") supports the disputing parties, without any imposing any final decision.
2. Aim of Mediation and Mediator’s Role. Any mediation procedure administered by Tiaki Ltd (hereinafter, "QUADRA") mainly intend to give the Parties an opportunity to have a productive conversation, in order to identify how to settle the conflict they are facing, or come to terms with it in the most convenient way. The Mediator’s role consists in helping the Parties, in particular by taking care that each of them has the chance to express what she wants, ask questions, and assume any decision she deem fit. Also, Mediator will hopefully help Parties to hear each other in a different way that they might have had outside mediation. The Mediator will not take any decision for the Parties.
3. Process. Mediation is flexible by nature, and any decision on how to proceed will be taken by the Parties. Before the mediation commences, QUADRA ensures that a written agreement is reached (hereafter "Mediation Agreement"), which summaries its basic terms (e.g. duration, costs, name of Mediator and possible assistant/s). Parties may, however are not required to be accompanied by whoever of their choosing (a counsel or somebody else).
4. Mediators and Observers: Parties may ask Quadra to select the Mediator, or a list of possible Mediators. Due to Quadra quality standard requirements, Mediators has to be a Quadra accredited mediator. Subject to Parties’ consent, one or more observers may attend any mediation sessions (they might be trainee mediators or expert mediators observing the Mediator).
5. Confidentiality and No-use: mediation procedure is characterized by confidentiality and no information that has been exchange in the course of it might be disclosed outside, unless already available to the Parties. To allow for the proper monitoring of their own mediators, Quadra requests from Mediator a report on the performed activity following the mediations. All the elements of the report mentioned are used by Quadra exclusively in a way which does not allow third parties to identify the parties who have participated in the procedure. Parties are advised that the laws might provided that in some exceptional case (namely risks to public security or to material or personal integrity) Mediator may be require to report to competent authorities.
6. Costs. Costs the Parties have to bear in respect of mediation are agreed in advance between the Parties and Quadra. They are recorded in the Mediation Agreement and are to be paid before the mediation commences.
7. Settlement Agreements and no Prejudice. Without prejudice of any agreement possible reached among the Parties, their participation to a mediation procedure, in itself, does not affect in any ways their rights justiciable elsewhere.
8. Monitoring. Once mediation is over, Quadra will verify the degree of the Parties' satisfaction and the implementation of any agreement they might have reached. In addition, if the circumstances so require, QUADRA may solicit resumption of conversation and the arrangement of another mediation.
9. Further Reference: For anything is not herein expressed, reference is to be made to the EC Directive no. 52/2008.