Revista da EMERJ - V. 19 - n. 4



R. EMERJ, Rio de Janeiro, v. 19, n. 4, p. 78 - 100, Setembro/Dezembro. 2017



terial Decree 145 / 2011

. “

Organismo di mediazione: l’ente pubblico o

privato, o la sua articolazione, presso cui può svolgersi il procedimento ai

sensi del decreto legislativo 18/2010”

- “

Mediation body: public or private

institution, or its branch, where the mediation proceedings can take place

under Decree 28/2010

”.

We are talking about

- public institutions (also ruled by foreign law): chamber of commer-

ce, council of professional bodies (not only lawyers), universities, etc. and

- private institutions.

A mediation body must have a registered capital amounting to a mi-

nimun sum required for setting up a small joint-stock companies, an insur-

ance policy for an amount not lower than 500,000.00 euro and an indepen-

dent accounting. It applies for registration to the Ministry of Justice, which

manages the register of mediation bodies and the register of mediators. The

rates of the proceedings are established by the Ministry and are paid by the

parties to the mediation body, which pays the mediator.

There is an administrator (who can not be a mediator) and, at least,

five mediators, who ask to join the mediation body. The administrator must

assign the proceedings to mediators based on their bachelor’s degree and

specialization; and on rotation. The mediation body must publicise its own

regulation and the names and experiences of mediators on a website. The

parties, together, they can choose the mediator. The body may conduct its

activities in all matters prescribed by the law, but also limit its work to a few

(or even one).

There is no contribution by the State, except legal aid, the assistance

provided to those who cannot afford the fees to initiate court proceedings

or to defend themselves before a court.

The documents of every proceeding must be sent to the Ministry and

the number of initiated proceedings, the results, those not yet completed

and much more must be communicated every quarter.

The Ministry of Justice controls mediation bodies and mediators: in

2016 there were 1,050 registered organizations; between 2014 and 2016, “

one

quarter of the mediation bodies have been canceled. ... the number of de-

leted organisms was almost seven times higher than the number of new reg-

istered organisms. ... inspections carried out – amounting to 125 - resulted in