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  88
undergo mediation in all subjects related to alienable civil rights (delegated
mediation). In many cases, the judges blended these two options: they made
a solution proposal, and if the proposal was rejected, they ordered manda-
tory mediation (arbitration – then – mediation).
From June 2013 to June 2014, only about ten judges used these
opportunities in about fifty cases 12 ; but later an increasing number
of them started, and with very interesting results: in most cases lawyers,
though reluctant to do so, joined the mediation procedure and litigants
reached an agreement. Last but not least, judges have opposed the practi-
ce of those lawyers who did not attend the first informative meeting, or
attended it (without the party) only to declare that they are not interested
in proceeding with the mediation. Judges are condemning this behavior,
remarking that: “lawyers are mediators ‘ope legis’, therefore ‘ope legis’
they know mediation, the necessity of the parties’ presence and of a real
interaction among them”.
From September 23 rd, 2013 to October 10th, 2014, new rules, the
above-mentioned Judge Moriconi presided over about 700 cases; accor-
ding to him, ADR methods could be used in almost 200 cases of them; in
121 cases he turned to 40 non-binding arbitrations, 35 delegated media-
tions and 46 non-binding arbitrations and delegated mediations (arb-then-
-med); in 58% of the cases the parties reached an agreement. 8% reduction
of the diputes entrusted to him 13 .
The tools work, they are very efficient but they are underutilized. It is ea-
sier and quicker to issue a law than to change a habit; the issue here is “culture”!
8 . TRAINING
Training can be seen as the Achilles’ heel of Italian mediation proce-
edings 14 .
In Italy, certified mediators are required to:
- hold a BA degree in any subject, or membership in a professional
association (in this second case, mediators are only allowed to manage pro-
ceedings related to their professional competences);
12 For further information see , Italian section, News.
13
14 Matteucci Giovanni, “Mediazione avanti tutta ma … la formazione? – Mediation, go ahead; but…training? ” January 30th,
2012
Riccardi Carlo, “Formare alla mediazione”, July 21st, 2014