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- complete a 50 hour training course on theory and practice, desig-
ned for a maximum of 30 trainees, consisting of:
- Italian, European and international laws on mediation;
- facilitative and adjudicative mediation procedures, and mediation
ordered by a judge;
- conflict management techniques;
- communication techniques;
- mandatory mediation contract clauses;
- form, content and effects of mediation demand and agreement;
- mediator’s duties and responsibilities;
- simulated mediation sessions;
- final 4 hour test;
- update their training every two years with an 18 hour advanced
training course on the above mentioned subjects, including simulated me-
diations, and attend 20 mediation procedures.
Certified ADR trainers in Italy are required to:
- publish works on ADR theory: 3 articles or books on ADR, issued
by a national based publisher, with ISBN code for books and ISSN for serial
issues; alternatively, ADR scientific issues published by public bodies; online
publications are not admitted;
- practice ADR: management of 3 mediation procedures;
- give lectures on ADR to professional associations, public bodies,
Italian or foreign public universities;
- update their training every two years with a 16 hour training course
run by professional associations, public bodies, Italian or foreign public
universities.
Mediation is a multidisciplinary science; a 50 hour course is enough
to inform
, but not
to form
professionals. Moreover, in 2010 / 2011 most
teachers and participants were lawyers; therefore, lectures mainly focused on
civil procedure laws as applied to mediation. And approximately 99,99999
… % of candidates were successful in the exams !!!
On March 21
st
, 2011, mandatory mediation took off. The initial results
were encouraging: only 31% of proceedings saw all parties present (understan-
dably so, not only because of the lawyers’ hostility, but also due to the novelty
of the procedure), but, when all parties were present, the success rate was 54%.
A final agreement was achieved in 16% of mediations (Table 10). Not too bad.