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judges and the inspections carried out by the Ministry of Justice. Lawyers
started to realize they can make a profit out of mediation, especially in
times of economic downturn, when companies need to solve their problems
in order to get money. Tax benefits have been formally introduced but are
not operational. Statistics at a national level have allowed to check on the
results. Universities have started to give attention to ADR training: the Ita-
lian competition on mediation (Milan, Chamber of Commerce) in 2012 was
attended by 4 universities; in February 2017, there were 24 universities and
120 students all highly trained. The most efficient mediation bodies, where
there is a continuous training, achieve far superior results to the average (ta-
bel 10, Chamber of Commerce in Milan). 2016 scored the highest number
of mediation agreements ever reached in Italy, but the success rates achieved
in 2011 are still far away.
9 . CONCLUSIONS
According to the European Parliament “
Italy uses mediation at a rate
six times higher than the rest of Europe
”. Mandatory mediation was ruled
in 2010 in Italy and came in force in 2011; mediation took-off. In 2013 the
“Opt-Out” model was introduced
17
, taking into account the needs of the
different mediation stakeholders: lawyers (mainly), judges, contending parties.
Results :
year 2011 - 60,810 proceedings, 9,912 agreements, 16% success rate.
year 2016 - 183,977 proceedings, 20,237 agreements, 11% success rate.
20,237 is the highest number of agreements through mediation ever
reached in Italy, thanks to:
- the judges and the controls carried out by the Ministry of Justice on
the mediation bodies;
- statistics available at a nationwide level, which allow to check on the
results;
- the stubbornness of those who believe in mediation, who often work
for free.
Neverthless the success rate scored in 2016 is still far behind what
was from that realized in 2011, mainly –according to my opinion- because
of a worsening in the quality of training during the 2010/2011 period. The
most efficient mediation bodies, in addition to the courses required by the
17 See footnote 6.