What is Civil & Commercial Mediation?

 

Civil Mediation: is an activity, however named, conducted by an impartial third party and aims to assist two or more persons in finding an amicable agreement for the settlement of a dispute, both in the formulation of a proposal for the resolution of a dispute.

Conciliation: the settlement of a dispute – in civil and commercial interpretation of rights available – following the course of mediation.
Concililiation is a non-adversarial process of dispute settlement, in which a third party is impartial, the conciliator assists the parties to reach an agreement and settle the dispute which has arisen between them.
To do this, the conciliator shall seek all the possible margins of reconciling the common interests of the litigants, using creative solutions and also different solutions.

The objectives of the conciliation are to improve the position of each party and the development of cooperation between them.

Why Conciliate?
For three good reasons:

1.    Affordability – The settlement procedure is much cheaper than a court proceeding
2.    Brevity – The settlement allows the parties to bypass the long lead times of ordinary justice
3.    Mutual satisfaction – In the settlement procedure there are no winners or losers, but both sides will be fulfilled by mutual compromises

Conciliation is always advantageous, because it is capable of producing a juridical effect in any situation of conflict; it is the best way to avoid frustration of the relationship between the parties, instead it would be the inevitable effect if resorting to legal action.

Conciliation suits everyone because there are always common and compatible interests among the contestants.  This takes place in a climate of collaboration, participants are guaranteed the confidentiality of mediation proceedings taking place in a strictly private and confidential manner.  No data concerning the participation in a mediation will ever be made public even if the procedure fails.

How to initiate a conciliation
The process starts with the request presented by the interested party – or parties – to an arbitration body.  The body contacts the other party and in the case of acceptance, proceeds to nominate the mediator (selected from those members enrolled in it’s list and from the general register of the Ministry of Justice) and the arrangement of the date and place for the meeting.

On the set date the parties can appear before the mediator on their own or with the assistance of lawyers, consultants or trade associations.  The mediator listens to the parties jointly and if necessary, even privately, until such time a ground is defined for a possible understanding and all the likely situations in which an agreement can be reached.

Once the consent of the parties has been received, the final text for the understanding is laid out.

A.N.P.A.R. – National Association for Arbitration & Conciliation – has established a conciliation service, managed by the International Conciliation & Arbitration Authority.

Why go to the Conciliation Organization of A.N.P.A.R.?
The international Organization for Conciliation & Arbitration of ANPAR has obtained, by Decree of the Director General of the Ministry of Justice of 21 September 2007, entry in the register of bodies appointed to manage conciliation pursuant to art. 38 of D.Lgs.n. 5/2003.  This is a guarantee of the body’s efficiency and the competence of the conciliators.

 

 

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