Reflections on Mediation
Page updated on 22/10/2024
Mediation is a cultural evolution
The idea and spirit of Mediation is to allow the parties to try to reach an agreement between them, through the restoration of a friendly and loving relationship between them. Mediation is an alternative method of conflict resolution whereby an impartial third person - the Mediator - assists the Parties by guiding them towards negotiation and orienting them towards finding the best solution for both.
List of services
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AdvantagesItem LinkIf the mediation is successful and the parties reach an amicable agreement, the Mediator draws up a report to which the text of the agreement, drawn up by the Parties themselves and possibly by their Lawyers, is attached.
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TimesVoice connection List item 3Reducing the time needed to resolve conflicts is one of the main reasons for choosing conciliation. The duration of the mediation process is 90 days, while for an ordinary case the duration is on average 1,000 days for the first degree and about 1,500 for the appeal (for a total of 6 years and 10 months).
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CostsVoice connection List item 4The costs of a conciliation procedure are fixed and, as regards mandatory matters, predetermined by law.
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CommunicationItem LinkIt is one of the highest values of conciliation. During mediation the parties have the opportunity to meet to address and discuss the issues of the dispute. Mediation is a procedure that has the task of verifying whether there are elements to build and reach a solution that satisfies the parties involved in a controversy, conflict and/or dispute through the techniques of dialogue, comparison, restoration of friendly relationships completely foreign to the doctrine of law.
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CheckItem LinkThe parties maintain direct control of the procedure from the beginning to the end. The mediation procedure is however characterized by the absence of formal rules which, as such, would mortify the very nature of the procedure.
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VolunteeringItem LinkThe attempt at conciliation does not imply a prior renunciation of the judicial route, which can be freely attempted, in the event that an agreement is not found. This means that one does not necessarily have to resort to judicial channels. The judgment often decrees the solution of the specific dispute, but does not mean that the conflict is resolved; Mediation instead resolves the conflict through the restoration of a friendly relationship.
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InformalityItem LinkEach individual mediation procedure will be conducted according to the parties' own needs and will be adapted to the specific case. The informality of the mediation procedure allows the parties to feel free to participate in the meetings in the way they deem most appropriate, allowing the Mediator to carry out his role without any procedural constraints. The informality does not deprive the necessary guarantees of fair balancing of the position of all the parties involved who, starting from the introductory moment, can expose all the facts and take a position on those exposed by the others.
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ConfidentialityItem LinkThe Mediator also acts as a guarantor of confidentiality: What happens in mediation, what is discussed and decided (or not decided), are elements that remain confidential and secret to the outside world.
Mediation is a cultural evolution
The idea and spirit of Mediation is to allow the parties to try to reach an agreement between them, through the restoration of a friendly and loving relationship between them. Mediation is an alternative method of conflict resolution whereby an impartial third person - the Mediator - assists the Parties by guiding them towards negotiation and orienting them towards finding the best solution for both.
List of services
-
AdvantagesItem LinkIf the mediation is successful and the parties reach an amicable agreement, the Mediator draws up a report to which the text of the agreement, drawn up by the Parties themselves and possibly by their Lawyers, is attached.
-
TimesVoice connection List item 3Reducing the time needed to resolve conflicts is one of the main reasons for choosing conciliation. The duration of the mediation process is 90 days, while for an ordinary case the duration is on average 1,000 days for the first degree and about 1,500 for the appeal (for a total of 6 years and 10 months).
-
CostsVoice connection List item 4The costs of a conciliation procedure are fixed and, as regards mandatory matters, predetermined by law.
-
CommunicationItem LinkIt is one of the highest values of conciliation. During mediation the parties have the opportunity to meet to address and discuss the issues of the dispute. Mediation is a procedure that has the task of verifying whether there are elements to build and reach a solution that satisfies the parties involved in a controversy, conflict and/or dispute through the techniques of dialogue, comparison, restoration of friendly relationships completely foreign to the doctrine of law.
-
CheckItem LinkThe parties maintain direct control of the procedure from the beginning to the end. The Mediation procedure is however characterized by the absence of formal rules which, as such, would mortify the very nature of the procedure.
-
VolunteeringItem LinkThe attempt at conciliation does not imply a prior renunciation of the judicial route, which can be freely attempted, in the event that an agreement is not found. This means that one does not necessarily have to resort to judicial channels. The judgment often decrees the solution of the specific dispute, but does not mean that the conflict is resolved; Mediation instead resolves the conflict through the restoration of a friendly relationship.
-
InformalityItem LinkEach individual Mediation procedure will be carried out according to the parties' own needs and will be adapted to the specific case. The informality of the Mediation procedure allows the parties to feel free to participate in the meetings in the way they deem most appropriate, allowing the Mediator to carry out his role without any procedural constraints. The informality does not deprive the necessary guarantees of fair balancing of the position of all the parties involved who, starting from the introductory moment, can present all the facts and take a position on those presented by the others.
-
ConfidentialityItem LinkThe Mediator also acts as a guarantor of confidentiality with what happens in Mediation, what is discussed and decided (or not decided), are elements that remain confidential and secret to the outside.
Mediation is a cultural evolution
The idea and spirit of Mediation is to allow the parties to try to reach an agreement between them, through the restoration of a friendly and loving relationship between them. Mediation is an alternative method of conflict resolution whereby an impartial third person - the Mediator - assists the Parties by guiding them towards negotiation and orienting them towards finding the best solution for both.
List of services
-
AdvantagesItem LinkIf the mediation is successful and the parties reach an amicable agreement, the Mediator draws up a report to which the text of the agreement, drawn up by the Parties themselves and possibly by their Lawyers, is attached.
-
TimesVoice connection List item 3Reducing the time needed to resolve conflicts is one of the main reasons for choosing conciliation. The duration of the mediation process is 90 days, while for an ordinary case the duration is on average 1,000 days for the first degree and about 1,500 for the appeal (for a total of 6 years and 10 months).
-
CostsVoice connection List item 4The costs of a conciliation procedure are fixed and, as regards mandatory matters, predetermined by law.
-
CommunicationItem LinkIt is one of the highest values of conciliation. During mediation the parties have the opportunity to meet to address and discuss the issues of the dispute. Mediation is a procedure that has the task of verifying whether there are elements to build and reach a solution that satisfies the parties involved in a controversy, conflict and/or dispute through the techniques of dialogue, comparison, restoration of friendly relationships completely foreign to the doctrine of law.
-
CheckItem LinkThe parties maintain direct control of the procedure from the beginning to the end. The mediation procedure is however characterized by the absence of formal rules which, as such, would mortify the very nature of the procedure.
-
VolunteeringItem LinkThe attempt at conciliation does not imply a prior renunciation of the judicial route, which can be freely attempted, in the event that an agreement is not found. This means that one does not necessarily have to resort to judicial channels. The judgment often decrees the solution of the specific dispute, but does not mean that the conflict is resolved; Mediation instead resolves the conflict through the restoration of a friendly relationship.
-
InformalityItem LinkEach individual mediation procedure will be conducted according to the parties' own needs and will be adapted to the specific case. The informality of the mediation procedure allows the parties to feel free to participate in the meetings in the way they deem most appropriate, allowing the Mediator to carry out his role without any procedural constraints. The informality does not deprive the necessary guarantees of fair balancing of the position of all the parties involved who, starting from the introductory moment, can expose all the facts and take a position on those exposed by the others.
-
ConfidentialityItem LinkThe Mediator also acts as a guarantor of confidentiality: What happens in mediation, what is discussed and decided (or not decided), are elements that remain confidential and secret to the outside world.