I fattori di successo o insuccesso di una mediazione
Factors for success or failure of a mediation

Summary/Abstract: The mediator's personal skills are of fundamental importance in the success or, conversely, failure of a mediation, whatever the approach adopted. The ability of lawyers and parties to know how to negotiate also plays a significant role. Illustrated here is a practical case in which the mediator disapplied, due to lack of personal ability, some important practical principles of mediation technique, without thus managing to identify the concrete interests that could have led the parties to conciliation. During the subsequent court proceedings, some parties managed to find a solution, with the help of their lawyers. The mediator must be capable of eliciting the resolution of the conflict not in the classic win-lose judicial scheme, but in a "win-win" logic, thus generating an appreciable level of final satisfaction in all parties, in the realization of their concrete interests and specific.

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