FAQ on Mediation
I HAVE TO FILE AN APPLICATION FOR MEDIATION. HOW CAN I DO THIS?
Applications can currently only be made remotely.
You can do this at the following link by clicking on the section dedicated to the
Legal Conciliatory Body and Arbitration Chamber.
https://www.ordineavvocatimilano.it/en/where-to-find-us/p135
WHAT ARE THE PAYMENT METHODS FOR MEDIATION COSTS?
At the moment, payments can only be made by bank transfer to the following bank details:
ORGANISMO DI CONCILIAZIONE FORENSE DI MILANO - BANCA SELLA -
IBAN IT 73 E 03268 01604 052525860430
WHAT IS THE IBAN OF THE BODY?
ORGANISMO DI CONCILIAZIONE FORENSE DI MILANO - BANCA SELLA
IBAN IT 73 E 03268 01604 052525860430
I HAVE TO FILE A REQUEST FOR MEDIATION DELEGATED/DEMANDED BY THE JUDGE. WHAT ARE THE REQUIREMENTS?
The filing of a request by a judge is carried out in the same manner and with the same formalities as ordinary mediation. (see link https://www.ordineavvocatimilano.it/en/where-to-find-us/p135#s37)
For formal reasons,, the Body will take care of sending the summons to the relevant parties. Services to the lawyer who is a party to the proceedings is not a substitute for services to the relevant party.
The notification for each opposing lawyer will be considered as supplementary . Therefore €10 + VAT will be charged in addition to the start-up costs of €40 plus VAT.
IS THE PRESENCE OF THE PARTY REQUIRED IN MEDIATION?
Yes. The mediation process requires the presence of the relevant party at the first meeting, at subsequent meetings and until the last one, always accompanied by their lawyer.
I HAVE BEEN SCHEDULED FOR A REMOTE MEETING. WHEN AND HOW WILL I RECEIVE INSTRUCTIONS FOR CONNECTION?
During the current health emergency,, the Conciliation Body carries out all mediations remotely, using some of the most popular platforms (Zoom, Teams, etc.)
The link will be sent by email closer to the meeting by the Office or the appointed Mediator.
I HAVE BEEN SCHEDULED FOR A REMOTE MEETING. IS IT NECESSARY FOR MY CLIENT TO COME TO MY PRACTICE OR IS IT POSSIBLE FOR THEM TO CONNECT FROM A DIFFERENT LOCATION?
In order to avoid crowding, the party may connect from a different location
to their lawyer. In such cases, the lawyer must communicate the email address
of the person who will be linking to send the link to both the lawyer and the party.
I HAVE SEEN THE PRICE LIST. WHEN DO I HAVE TO PAY MEDIATION FEES RELATED TO THE VALUE OF THE DISPUTE?
Mediation fees are required only if, at the outcome of the first scheduled meeting, the parties agree to continue the procedure and record this in the minutes. These
indemnities must be paid before the date of the next meeting or by an earlier date indicated in the minutes.
The fee schedule is available at the following link, and 22% VAT must be added to all figures
https://www.ordineavvocatimilano.it/media/allegati/modulistica_MEDIAZIONE/TARIFFARIO_mediazione_MI_MAGGIO2017.pdf
THE RELEVANT PARTY CANNOT ATTEND THE MEDIATION MEETING. CAN ONLY THE ATTORNEY WITH POWER OF ATTORNEY APPEAR? MAY THE PARTY DELEGATE A THIRD PARTY?
An unauthenticated substantial special power of attorney may represent a relevant party who cannot attend the meetings. This is excluding cases in which the rules provide for the specific form of a notarial power of attorney.
WHAT ARE THE COSTS OF MEDIATION?
At the time of filing each mediation request, a payment of €40 + VAT is required as an administrative fee which also payable by the adhering party; since the Body takes care of sending the summonses directly to the opposing parties , a further €10 + VAT is required for each additional notification.
Regarding allowances, please refer to the following link.
https://www.ordineavvocatimilano.it/media/allegati/modulistica_MEDIAZIONE/TARIFFARIO_mediation_MI_MAGGIO2017.pdf
I AM A QUALIFIED PRACTITIONER. CAN I ASSIST A PARTY IN A MEDIATION?
No. Mediation always requires the assistance of a registered lawyer.
HOW CAN I CONTACT THE OFFICE OF THE ORGANISATION?
THE OFFICE OF THE BODY IS ALWAYS AVAILABLE REMOTELY.
CONTACTS
Tel. +39 02.54019715 (MONDAY TO FRIDAY FROM 9.00 am TO 1.00 pm)
Email: conciliazione@ordineavvocatimilano.it
PEC: ocf@cert.ordineavvocatimilano.it
