81 / 212
R. EMERJ, Rio de Janeiro, v. 19, n. 4, p. 78 - 100, Setembro/Dezembro. 2017
81
Mediation
Civil
proceedings
Proceedings Agreements Agreements
success rate
Registered Pending
2011*
60,810
9,912
16%
4,409,000
5,566,000
2012 154,879
16,727
11%
4,267,000
5,081,000
2013 41,604
5,408
13%
4,389,000
5,155,000
2014 179,587
16,162
9%
4,009,000
4,359,000
2015 196,247
19,625
10%
3,334,000
3,945,000
2016 183,977
20,237
11%
3,472,000
3,803,000
°
*21.3 / 31.12.2011
The conflicts subjected to mandatory mediation are only the 8% of
all the conflict filed in Italian courts; their filing had a 9% increase from
October 2012 to September 2013, when mediation was voluntary (footnote
2, period
D
) and a 15% decrease after September 2013, when mandatory
mediation was back (footnote 2, period
E
2
).
2 As far as mediation is concerned, Italy has experienced five different time periods :
A ) 1993 - 2003 :
- “pure” voluntary mediation;
- not enforceable;
- no links with the judicial proceeding;
- no compulsory assistance by a lawyer to the parties;
- fees to be paid at the beginning of the proceeding;
B ) 2003 – March 2011
- voluntary mediation;
- enforceable;
- no links with the judicial proceeding;
- no compulsory assistance by a lawyer to the parties;
- fees to be paid at the beginning of the proceeding;
C ) March 2011 – October 2012
- mandatory mediation;
- enforceable;
- links with the judicial proceeding;
- no compulsory assistance by a lawyer to the parties;
- fees to be paid at the beginning of the proceeding;
D ) October 2012 – September 2013
- voluntary mediation;
- enforceable;
- links with the judicial proceeding;
- no compulsory assistance by a lawyer to the parties;
- fees to be paid at the beginning of the proceeding;
E ) from September 2013
- mandatory mediation;
- enforceable;
- links with the judicial proceeding;
- compulsory assistance by a lawyer to the parties;