What are the duties and functions of a Mediator?

The Civil and Commercial Mediator is a professional expert in resolving disputes arising between two or more parties, with a strong ability to listen and analyze to fully understand the needs of the parties and stimulate dialogue, with the aim of reaching a peaceful resolution.

The Mediator has the task of helping the parties to resolve the dispute peacefully, that is, without having to resort to civil litigation. This extrajudicial procedure is mandatory for some matters.

What skills should a Mediator have?

The skills of the Mediator can be summarized as: mediation, orientation, accompaniment, information, reception.

The Mediator is an impartial person who works to find an alternative resolution to a dispute between two parties. He is a Professional who possesses the professional qualification and honorability requirements needed to practice the profession.

The Mediator facilitates communication between the parties in dispute, helping their real interests emerge and thus facilitating an amicable solution to the dispute.

The Mediator also has the power to formulate a solution proposal that the parties are free to accept.

What professional qualifications must a Mediator have?

Must have obtained a secondary school diploma, attended a training course of at least 50 hours at institutions accredited by the Ministry of Justice and passed an exam aimed at ascertaining the aptitude and professional capacity of the aspirant in relation to the chosen branch of mediation.

What are the obligations of the Mediator?

The Mediator and his assistants are prohibited from assuming rights or obligations connected, directly or indirectly, with the business dealt with, except for those strictly inherent to the provision of the work or service; they are prohibited from receiving compensation directly from the parties.

The Mediator is also required to:

a) sign, for each matter for which he is designated, a declaration of independence and impartiality according to the formulas provided for by the applicable Procedural Regulations, as well as any further commitments provided for by the same Regulations;

b) immediately communicate all circumstances to the Head of the Organization and to the parties,

emerged during the procedure, capable of affecting its independence and impartiality;

c) formulate conciliation proposals in compliance with the limits of public order and mandatory rules;

d) respond immediately to any organizational request from the Organization Manager.

Upon request of a party, the Head of the Organization provides for the possible replacement of the Mediator. The Regulation identifies the different competence to decide on the request, when the Mediation is carried out by the Head of the Organization.

How to register in the register of Civil Mediators?

Mediators may register in the Register of Mediation Bodies only after completing the training course held by Training Bodies accredited by the Ministry of Justice, and registered in a specific List as provided for in art. 18 of Ministerial Decree 18 October 2010 n. 180.

Where can a Civil Mediator work?

Once you have obtained the qualification, you can operate as a Mediator at any Mediation Body, at the Councils of the Bar Associations, at the Chambers of Commerce, at the Conciliation Chambers in the Banking, Telecommunications, Service Provision, Transport sectors.

How to become a Mediator of the Organization

The Conciliation Body Concordia et Ius intends to offer the parties and their Lawyers the most experienced Mediators in the resolution of individual disputes.

The selection procedure of the most suitable Mediators and their permanence within the Organization is of fundamental importance, which solicits continuous feedback from the parties and lawyers after each mediation.

Procedure

The Mediator who aspires to be part of the Organization, fills out and sends the form below, with a curriculum vitae attached.

Following this, having the minimum necessary requirements, an interview will take place with the Manager

of the Organization with the task of evaluating the aspiring Mediator.

If successful, he/she will participate in the training course of the Organization in order to acquire a highly qualified mediation method through an audition in some mediations (the number varies based on the experience of the Mediator) conducted by different Mediators.

Advanced training will be held by the Organization's expert Mediators on mediation techniques in the areas of specialization and an interview with expert Mediators will be held to evaluate the preparation for the appointment in the first mediations.

This will be followed by the appointment in the first mediations and the coaching activity by the most experienced Mediators during these mediations.

There will be a debriefing after each mediation with the most experienced Mediators and the satisfaction with the appointment requested by the parties in the request will be evaluated, as well as the success rate of the mediations managed, through the evaluation questionnaires and the feedback from the parties.

Following confirmation as a Mediator, ongoing discussions and feedback between Mediators will take place.