Lo Studio Benati offre consulenza ed assistenza alle parti nelle procedure di MEDIAZIONE (obbligatoria, volontaria e demandata dal Giudice) e in quelle di ARBITRATO.
With pride, when asked about my profession, I answer “Mediator and Lawyer”!
Mediator, because for myself this qualification represents and has represented in the last decade a real profession that has gone to complete my legal training, providing me with tools and skills that I use every day in the relationship with the client, with colleagues, in management litigation and, more generally, also in private life. Yes, because mediating is first of all a state of mind, a way of being and placing oneself, with oneself and with one’s neighbor.
The ability to listen, the sensitivity to understand moment and situation, the ability to grasp non-verbal language, to empathize with the parties are just some of the tools that the mediator must put in the “toolbox” and always carry with self. Tools that can be refined with experience and updating but, if not possessed “at the base”, there is no course that takes ………
I have always believed in the so-called A.D.R. (Alternative Dispute Resolution), i.e. in all those alternative dispute resolution tools, or rather, complementary to ordinary justice. Among these, mediation and arbitration certainly represent the best known and most used.
The rapid evolution of human society and the need to make the “justice system” increasingly competitive make these tools more and more current, if not indispensable for those who want to approach the management of litigation in an innovative and effective way.
Furthermore, the dramatic events we are experiencing have further exposed the serious shortcomings of a judicial system that is now stalled and unable to provide efficient responses to the enormous demand for justice in our country.
I therefore decided to devote more and more time and space to what is now a passion for me. Passion that I want to make available and share with all those, companies or individuals, who wish to deal with litigation quickly, economically and effectively, avoiding time, costs and the risk of ordinary judgment.
My training begins well before the D.L. 28/2010 and succ. changes (fundamental regulatory text, which introduces the mandatory attempt at mediation in many subjects), first leading me to be included in the list of mediators of the O.V.M.F. (Veronese Body of Forensic Mediation, or the Body of the Verona Bar Association) and then in the list of Resolutia mediators.
There are countless active mediations, including international ones.
Constant updating and training.
Mediation and the Balkans
With the lawyer Maurizio di Rocco (professor at the Faculty of Law of the University of Trento of ADR) and with the support of the Chamber of Arbitration of Venice, Resolutia, the Italian Chamber of Commerce in Albania (CCIA) and the Italian Embassy in Tirana, is A project aimed at promoting the dissemination and use of alternative dispute resolution methods in the management of disputes between Italian and Albanian companies and businesses has been underway for some years.
Many initiatives have been undertaken in this regard, aimed both at training and raising awareness of legal practitioners and Albanian government authorities, and at information and promotional activities, through special workshops, towards individuals and companies active in trade between the two shores. of the Adriatic.
Also with this in mind, as required by the protocol signed on 7 February 2018, at the offices of the Italian Chamber of Commerce in Albania it is possible to file the applications and documents necessary for the initiation of arbitration or mediation procedures at the Arbitration Chamber of Venice, as well as carrying out the hearings of the proceedings already started, with a considerable saving of time and costs compared to ordinary justice.
MEDIATION IN A NUTSHELL
MEDIATION is one of the alternative dispute resolution methods (also called ADR, from the acronym Alternative Dispute Resolution).
This is a procedure that aims at resolving disputes as an alternative to the ordinary civil judgment, in a much faster time and with lower costs.
Civil mediation has the purpose of bringing the parties to an agreement with respect to a dispute that has arisen between them, through the fundamental work of a mediator.
The mediator is the qualified, neutral, impartial and independent person who assists the parties in seeking an amicable settlement for the settlement of the dispute.
The main task of the mediator is, therefore, to assist the parties in the confrontation, trying to remove the obstacles that prevent the achievement of a shared solution.
Mediation is of three types:
- COMPULSORY, in the cases expressly provided for by the Law (pursuant to art. 5 paragraph 1 – bis of Legislative Decree no. 10/2010);
- DEMANDED BY THE JUDGE, pursuant to art. 5 paragraph 2 of Legislative Decree 10/2010;
- VOLUNTARY, at the initiative of the parties.
How does the procedure work and what are the advantages?
The procedure is activated by the instant party who submits an application to a mediation body, through the assistance of a lawyer or, in some cases, even without the help of this figure.
The secretariat of the mediation body appoints a mediator and organizes a first meeting between the parties, sending an invitation to the other party.
Those who receive the invitation decide whether to join the procedure and, therefore, participate in the first meeting.
During this first meeting, the mediator explains to the parties how the procedure works and asks for their consent to continue the negotiations.
If the parties disagree in the will to continue the procedure, this is closed by the mediator.
If, however, the parties decide to start negotiations, a new meeting will be set for the continuation of the discussion.
In subsequent meetings, the mediator helps the parties in examining the situation and analyzing the details, in order to settle the opposing interests and define mutual benefits.
When an agreement is formed, the conciliation deed is drawn up, which contains the terms that each party must fulfill.
This agreement is immediately enforceable, in the sense that it binds the parties to comply with the conditions envisaged and is enforceable. The advantages of this procedure are innumerable.
Obviously, full confidentiality is ensured throughout the procedure, with the guarantee of maximum freedom of expression and content, which will not be disclosed externally.
The mediation procedure can, in theory, allow for the resolution of the conflict in a single session and, in any case, it is concluded within three months from the filing of the request of the applicant. It is therefore a procedure characterized by a certain speed.
The costs of the mediation procedure are quite low; in the event that the first meeting ends with a failure to agree on the possibility of starting the procedure, only the costs of starting the procedure are foreseen. If, otherwise, the parties decide to continue, they will already be able to know the costs of the procedure, which are between a minimum and a maximum identified according to the value of the dispute.
Furthermore, all deeds, documents and measures relating to mediation are exempt from stamp duty and the mediation agreement is exempt from registration tax within the value limit of € 50,000.00. It is also expected that the parties will be granted a tax credit of up to € 500.00 for the costs related to the procedure.
It is therefore a procedure based on cost-effectiveness.