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. |