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  85
- compulsory lawyers’ assistance (presence) for the parties;
- the first “informative” meeting free of charge (except for a 48,80
euro fee, 97,60 if mediation value is higher than 250,000 euro – the mediator
works for free, the lawyer hired by the party is paid); the invited party, accor-
ding to lawyers’ misinterpretation, can abstain from the proceeding by not
attending the mediation meeting (with the plaintiff and the mediator) or,
attend the first informative meeting, can “ OPT-OUT ” from the process 6 .
5 . NEW RULES IN 2014 / 15
New rules came in force in 2014 and 2015:
- cases pending before the court, upon the parties’ agreement, can be
transferred in arbitration;
- assisted negotiation by lawyers : for disputes relating to compensa-
tion for damages caused by cars and boats and for all claims for payments
up to 50,000.00 euro (in matters not subject to mandatory mediation); for
the separation between husband and wife (provided there are no underage
children, or anyway dependent from their parents), the litigants, assisted
by their lawyers, will be able to reach an agreement, that is enforceable; as
mediation, this procedure will be a pre-condition to assessment in court 7 ;
- who loses in court will refund the expenses of the process;
- a high statutory rate of interest for late payment will be provided, to
an extent at least equal to the market price; therefore the debtor, who forces
the creditor by applying to the court to get the amount back, will not make
money out of the lengthy procedures.
6 . MEDIATION BODIES (“ORGANISMI DI MEDIAZIONE”) AND
THE MINISTRY OF JUSTICE
In Italy mediators are allowed to operate only within the mediation
bodies, ruled by the Ministerial Decree 180 / 2010 8 , updated by Minis-
6 D’Urso Leonardo and Canezza Romina, “The Italian Mediation Law on Civil and Commercial Disputes”, a description
of the mediation procedure under the Legislative Decree 28/2010 and the Ministerial Decree 180/ 2010, along with the
translation of the laws in English
7 Legislative Decree 132, September 12, 2014 art. 1 and art. 2, converted with amendments by Law 162/ 2014, ruled the
transfer in arbitration and the assisted negotiation, both institute strongly supported by lawyers. Results in 2016: proce-
edings 43.000; agreements 4.132 (separations and divorces 3.197). With respect to the mediation a much wider field of
application, but inferior results. No news about transfer in arbitration.
ta+2016+-+Dati.pdf/8adb4fb2-45ec-4a8c-943a-55918435eb81?version=1.0 .
8