La mediazione: il ruolo del mediatore e dell’avvocato.
Mediation: the role of the mediator and lawyer.

Summary/Abstract: With the mediation required for many commercial and civil matters, the legislature wants to deflate the litigation that causes profound state of crisis in which for many years lived the civil trial. The legislature, because for twelve subjects is obligatory mediation before going before the court pursuant to Art. 5, Leg. 28/2010, has focused on the recruitment of mediators, in a vigorous way by identifying the requirements for identification of their professionalism and capabilities of the organizations that educate, in this way creating a new figure with an adequate level of preparation and professionalism. The importance, for civil litigation, mediation has, the legislature has also provided special rules concerning the duties incumbent on lawyers. The legislature has taken inspiration from considering n. 25 of the european directive n. 52/2008, which speaks of encouraging lawyers to inform their customers, and provided with legislative Decree n. 28/2010 has provided information to the duty incumbent on lawyers. The lawyer’s duty of disclosure to their patients. The mediation is an alternative tool to the process, they are both connected to each other and then the proper functioning of the first depends on good knowledge of the second. The work of the legislature as to the professionalism and expertise of the mediator is positive.

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