Revista da EMERJ - V. 19 - n. 4 - 2017

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 R. EMERJ, Rio de Janeiro, v. 19, n. 4, p. 78 - 100, Setembro/Dezembro. 2017  80
“ regrets the difficulty of obtaining comprehensive statistical data on
mediation, including the number of mediated cases, the average length and
success rates of mediation processes” 1 .
But, first of all, in order to spread the use of mediation all over Eu-
rope, I think that the European Commission should advice a minimum
standard of a highly qualified training course in ADR to be shared in all
Member States. The European Parliament underlines that “Italy uses me-
diation at a rate six times higher than the rest of Europe”; neverthless, in
this Country, the sharp fall in quality of training in 2010 / 2011 has caused
serious consequences.
On March 21 st, 2011, mandatory mediation took off in Italy. The
initial results were encouraging: 31% of proceedings saw all parties present
and the success rate was 54%; a final agreement was achieved in 16% of
mediations (9.912). Over time, the number of proceedings increased but (all
parties present) the success rate declined from 59% at the beginning of 2011
to 38% at the end of 2012.
Year 2016 year scored the highest number of mediation agreements
(20,237) ever reached in Italy but the success rates (all parties present 43%;
final agreement 11%) were far away from those scored in 2011.
2 . MAIN STATISTICAL FIGURES
Civil and commercial mediation has been compulsory in Italy since
2011. More precisely
compulsory since March 21, 2011 untill December 12, 2012
voluntary since December 13, 2012 untill September 19, 2013
compulsory since September 20, 2013
1 EU – European Parliament, Tuesday, 12 September 2017, Strasbourg “Implementation of mediation directive” http://
//EP//TEXT+TA+P8-TA-2017-0321+0+DOC+XML+V0//EN
Quantifying the cost of not using mediation – a data analysis. 2011
Rebooting the Mediation Directive: Assessing the limited impact of its implementation and proposing measures to incre-
ase the number of mediations in the EU; 2014
The implementation of the Mediation Directive – 29 November 2016
Study for an evaluation and implementation of Directive 2008 / 52 / EC – the “Mediation Directive – 2013/2016