Revista da EMERJ - V. 22 - N.1 - Janeiro/Março - 2020

 R. EMERJ, Rio de Janeiro, v. 22, n. 1, p. 11 - 26, Janeiro-Março. 2020  18 ve role of the judge. The data shows that, while mandatory (and effective) mediation is more and more successful, the other kind is not as much widespread. The dissemination of the culture of “real” mediation will require a long time and an intense educational path. Furthermore, the diffusion of mediation among judges comes to terms with an opposite circumstance. The evaluation system for their job, which enables promotions, the chance to do extra-judicial appointments, etcetera, still relies on the number of judgements issued along the year, as it is the only available data to evaluators. This circumstance is likely to dissuade judges from recurring to mediation and ADR in general, since, eventu- ally, those who mostly used these instruments found no career advantage from its use, rather the contrary 8 . As far as lawyers are concerned, they were quite reluctant to the introduction of compulsory mediation. Previous to the reform, and long after, the debate on this measure was fierce, and the Italian Bar Association was particularly enraged. Howe- ver, time and experience over mediation seems to have had a positive impact on their approach toward its use. Certainly, the 2013 introduction of the obligation for the parties who undertake compulsory mediation to be assisted by a lawyer 9 , has furtherly softened their aversion toward mediation as alternative instru- ment to the trial. Their presence has also increased during non- -compulsory mediation: in 2017, 77% of the claimants and 85% of the defendants recurred to the help of a legal professional. Lawyers are finally conceding that compulsory media- tion is a “lesser evil”, while the 2016 National Forum of the Italian Bar Association approved the use of mediation and en- couraged its improvement by expanding compulsory mediation to new categories of disputes, as well as it acknowledged the importance of training for mediators and lawyers, and of the party’s personal presence. 8 Moriconi, M. (2018). “Mediazione civile e commerciale. Un bilancio a otto anni dall’entrata in vigore del decr. legs. 28/2010”. INMEDIAR, Istituto Nazionale per la Mediazione e l’Arbitrato. Available at http://www. inmediar.it/un-bilancio-a-otto-anni-dallentrata-in-vigore-del-decr-lgs-28-2010/ (accessed July 13 th , 2018). 9 Legislative Decree n. 69/2013 converted by Law n. 98/2013.