The subjects subject to mandatory mediation in which the law (D.lgs 04/03/2010 n. 28 ) wants to resolve the dispute without the appeal of the Judge, arise from the need that in Italy there are too many litigation and civil justice is cloged by the amount of backlog cases to be disposed of.
This difficult situation of the justice system is also detrimental to other sectors of Italian economic and social life, in particular foreign investment, as uncertainty about the timing and effectiveness of justice is accompanied by the fear and hesitation of many entrepreneurs to invest in Italy; The legislator’s response to these issues was to introduce the legal institution of civil and commercial mediation in certain matters set by law as a condition of proceeding with the judicial application, i.e. the need for an attempt at mediation aimed at the mandatory conciliation of the dispute as necessary before turning to a judge to apply for the protection of its own right. The figure of the ombudsman is fundamental in the mediation process as it is third and impartial to the parties to the conflict.
Mandatory mediation: Subjects provided by the legislature as mandatory adhere to very common circumstances in the unfolding of daily life, such as:
(e.g. conflicts over common parts of the building, condominium expenses, thousandth tables, etc.)
• Real rights (e.g. land ownership, houses, fruit, servitude, usucapione, etc.)
• Division,
• Hereditary succession,
• Family pacts (contract that anticipates the succession of the entrepreneur),
• Lease,
• It’s loaned,
• Rent companies,
• Compensation from medical liability,
• Libel compensation in the press or other means of advertising,
• Insurance, banking and financial contracts (e.g. current account, mortgage, financial investments, anatomism, wear and tear, insurance contract, etc.).
For all these matters of civil and commercial law, those who wish to propose action before the Judge must first and necessarily initiate an attempt at compulsory conciliation before a mediation body that uses the Civil Ombudsman.
We offer adequate advice and assistance for the initiation of mediation proceedings under dlgs 28/2010 in all mandatory matters such as condominiums, locations and royal rights etc etc. in collaboration with the C.C.I.A.A. mediation chamber and with Mediation Bodies registered in the Register of Mediation Bodies of the Ministry of Justice at No. 55.