E 'victory of principles that underpin our right or another lost opportunity to better operate the judiciary?
The OAU (Organisation Advocacy Unit) has always challenged the institution of mediation by saying that would lead to a forced waiver of constitutional rights and undermines the right of defense and access to justice. In essence, the lawyers are opposed to the fact that a third party (the mediator), that does not belong judicial body, can have a high decision-making power and can use it without the parties being assisted by their lawyers. The OAU has also submitted an appeal to the TAR to the change in mandatory mediation on the grounds of objective obstacles such as: unavailability of classrooms in the courts; small number of conciliators; limited time to provide adequate service etc.etc. but many groups who want the mediation (Coldiretti, Confagricoltura, Confapi, Confindustria) and some professional associations (architects, surveyors, accountants, engineers), in contrast, showed that the mediation authorities are now locally based and have the organizational means and financial resources to fulfill every request.
The meeting of the Senate has finally approved the Decree-law converting the cd "thousand extensions" and this confirms the entry into force, to March 21 next year, the compulsory mediation in the following subjects; real rights; division, inheritance, family agreements, lease, loan, rent company, medical liability, libel, insurance contracts, banking and finance. It 'been extended for one year instead of the mandatory mediation in disputes relating to building and road traffic accidents in Italy account for most of the litigation. It 's the classic Italian-style solution, a blow to the circle and a shot in the barrel, which dissatisfied moving away from all that was originally anticipated.
The main purpose of the mediation, in accordance with the principles of the European community, is to weed out the court cases mandating, of these, to a third party (the mediator) who, at a cost fixed by law (and accessible to low all) leads the contenders to a conciliation agreement (shared by the parties). The broker, according to those rules, must have specific skills, however, will never be the same as an ordinary court with several years of experience. E 'therefore clear that the cases be assigned to be the simplest in terms of legal and those which, because of difficulties investigations, have a longer duration of the case. Among them, occupy a prominent place on their communal disputes and traffic accidents which clog the registrars of the courts. Both the condominium issues, road accidents, in fact, have a limited number of legal rules to which to refer, but in order to establish the causality of the accident, requiring adequate technical advisors (doctors, engineers, surveyors) which could be used by mediators in times that are much narrower than the Bible that they use the courts.
Logic would, therefore, that because of disputes related to traffic accidents and building maintenance issues would have to leave immediately and if its a slip was imposed, the extension would affect other civil disputes, regulatory and other thickness of well resolved more through the fact that interpretations of the law. Especially condominium disputes, then, relate to personal relationships that continue over time and issue a ruling, by necessity, leads to further exacerbate the bitterness between the rivals, while a conciliation agreement, accepted by both parties, and do not meet divide.
Why, then, was made a choice so contrary to logic and reason? We'll never know, the only thing certain is that, for another year, those who argue for the dog that barks, for improperly using the car yard pool, the water stain on the ceiling or the car accident (mostly individuals who pay their own pockets) should apply to lawyers and courts to protect individual rights (or of their principles) and, in this kind of battles, we are lawyers the only winners.
Francis.
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