A ruling by the Constitutional Court declared unconstitutional the mandatory civil mediation: implications for pending cases

For lawyers is a victory, but many complain about it: question the decision of the Constitutional Court which declared unconstitutional mandatory civil mediation.

The compulsory nature of the mediation shall cease to have effect already after the publication of the judgment of the Consulta. The Minister of Justice Paola Severino does not seem too concerned about the judgment of the Constitutional Court that rejected the mandatory conciliation and media said: "I have not read the reasons but the sentence declared unconstitutional only a part, that relating to mandatory mediation, it means that we will work on incentives. "

Tax incentives that today make the mediation also economically attractive, since in the event of a successful mediation is recognized a tax credit commensurate with the benefits that the parties must pay to the referee, to the value of 500 euro, and which might be now, after the disappearance of obligation, be extended again.

With regard to the processes of mediation in the course, they will continue, as will keep the other if the difference is that before the mediation was mandatory, it is now optional. The Chairman of the OAU (Organisation Advocacy Unit) Maurizio De Tilla believes the mandatory civil mediation a real failure, in fact said "The average compulsory conciliation has failed. After eight months after its entry into force is not more than three thousand, its transactions actually carried out by the procedure mandatory. And in these disputes should be understood that the parties assisted by lawyers had already settled down and went in front of the mediator to obtain a writ of execution. "

 

29/10/2012

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Translated via software

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Source:

Italian version of ReteIngegneri.it