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MEDIATION
Alternative Method for Dispute Resolution (A.D.R.)

When two parties are involved in a dispute of a commercial kind, the instrument of mediation allows them to manage the problem and reach a mutually satisfactory solution.
Participating to a mediation meeting, the parties voluntarily agree to obtain the assistance of a conciliator, a neutral party, independent and impartial in order to reach an agreement. All this is done in complete confidentiality.
The conciliation can be considered a "pathway" through which the parties themselves, properly assisted, build an agreement in an active way.
Mediation is an alternative method to the ordinary justice, which is not affected by the intervention of the court.
In reconciling, the warring parties reach a mutually agreed solution between them and satisfactory to both, thanks to the mediation and assistance of a qualified expert (the Conciliator).

The mediator does not decide the dispute but helps the parties to reach an agreement which is satisfactory to both. The conciliators are specialists in conciliation techniques. The mediator is trained on the basis of minimum standards defined at national level (see rules UNIONCAMERE).
The role of the Mediator is of particular importance and delicacy: he suggests non-binding proposals for solutions, that the warring parties can accept or refuse and it is, therefore, thanks to his ability and professionalism, that is possible to reach a settlement to the dispute.


Why ask for a Mediation Method
Trade relations often determine birth of disputes between enterprises, and also between enterprises and consumers who, due to high costs and excessive time resolution provided by the ordinary justice, could hamper the business activity and affect the working relationship between the different subjects.
Mediation is a means of "alternative justice" suitable for disputes resolving, reducing time and costs of ordinary civil proceedings.

Benefits

  • Effective: the conciliation would solve the dispute between the parties, skipping the long formalities, main feature of the ordinary justice.

  • Confidential: the conciliation allows the parties to communicate in a protected and safe environment, in which the Conciliator guarantees the absolute respect for the parties’ confidentiality.

  • Cheap: The fees of conciliation are quite low compared to those for ordinary justice.

  • Fast: On average, the settlement procedure does not go beyond one meeting.

  • Satisfactory: through conciliation, the parties can reach an appropriate solution to their needs.

  • Flexible: the procedural rules of conciliation are adapted to the parties’ specific needs.

  • Constructive: conciliation allows to maintain, strengthen and possibly recover the working relationship between the parties.

  • No risk: once the settlement procedure has been activated, the parties are not obliged to reach an agreement and no decision will be imposed; in the attempt of conciliation, if the outcome should be negative, the parties do not see their interests compromised.

Studio Petrillo provides you with a conciliator trained according to the above-mentioned standards, which will help you solve your disputes.

To know more about our fees and for any other information, please contact our offices.

 

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