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- statistics available at a nationwide level, which allow to check on the
results;
- the stubbornness of those who believe in mediation, who often work
for free.
Neverthless the success rate scored in 2016 is still far away from that
realized in 2011, mainly because a worsening in the quality of training du-
ring the 2010/2011 period. The most efficient mediation bodies, in addition
to the courses required by the law, have realized further training and are
achieving far higher results than the average.
INDEX
–
1
Introduction;
2
Main statistical figures;
3
A bit of history;
4
Mandatory mediation approved (2010), unconstitutional declared (2012),
reintroduced (2013);
5
New rules in 2014/15;
6
Mediation bodies and the
Ministry of Justice;
7
The judiciary;
8
Training;
9
Conclusions.
1 . INTODUCTION
The European Parliament, in the resolution of 12.9.2017, states: “ …
A. whereas Directive 2008/52/EC has been an important milestone
with regard to the introduction and use of mediation procedures in the
European Union; …..
F. whereas the objectives stated in Article 1 of the Mediation Directi-
ve aimed at encouraging the use of mediation and in particular at achieving
a ‘balanced relationship between mediation and judicial proceedings’ have
clearly not been achieved, as mediation is used in less than 1 % of the cases
in court on average in the majority of Member States; …
“
calls on the Member States to step up their efforts to encourage the
use of mediation in civil and commercial disputes;
“
calls on the Commission
-
to assess the need to develop EU-wide quality standards for the pro-
vision of mediation services, especially in the form of minimum standards
ensuring consistency … ;
-
to create and maintain
–in each Member State-
national registers of
mediated proceedings
to undertake a detailed study on the obstacles to the free circulation
of foreign mediation agreements in the Union … ;
-
to extend … the scope of mediation also to other civil or adminis-
trative matters … ;