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Mediazione: quanto costa non usarla.

Mediazione: quanto costa non usarla. - Mondo Mediazione

Studio presentato al Parlamento Europeo, relativo la quantificazione del costo derivante dal non utilizzo di procedure di Mediazione.





Il file dello Studio è scaricabile in calce a questa pagina.

Studio scaricato dal sito del Parlamento Europeo, disponibile per il download all'indirizzo:
http://www.europarl.europa.eu/studies






DIRECTORATE GENERAL FOR INTERNAL POLICIES



POLICY DEPARTMENT C: CITIZENS' RIGHTS AND

CONSTITUTIONAL AFFAIRS



LEGAL AFFAIRS



Quantifying the cost of not using
mediation – a data analysis




This document was requested by the European Parliament's Committee on Legal Affairs



AUTHORS

GIUSEPPE DE PALO, President, ADR Center
ASHLEY FEASLEY, ADR Center
FLAVIA ORECCHINI, ADR Center




Abstract

This is a special moment for alternative dispute resolution in Europe. In recent years, the mediation law landscape, in particular, has undergone substantial changes in large part due to the 2008 “European Union Directive on Certain Aspects of Mediation in Civil and Commercial Matters”. Despite the fact that mediation saves both time and costs, mediation is far from being solidly established in Europe. In order to explore and quantify the impact that litigation has on the time and costs to the 26 Member States’ judicial systems, ADR Center implemented a study in the context of the European Commission-funded project “The Cost of Non ADR-Surveying and Showing the actual costs of IntraCommunity Commercial Litigation”. The study measures the financial and time costs of not using mediation. This paper will focus on the final results of this study and suggest possible ways to make mediation happen in EU, namely through the discussion of various incentives and regulations which would make mass mediation implementation easier.



Conclusion

Successfully implementing mediation is important in a macro-world perspective and it is important on the micro-day-to-day level. An element that defines the rule of law today is a judiciary not only independent and transparent, but also flexible and highly efficient. This is so because law is everywhere. The law and correspondingly, the courts, touch everything we do. But today in Europe, as in many places, the judiciary and the courts are not as flexible as they need to be to address the increasingly complex economic and communication demands that globalization has created. European businesses now have clients all around the world and need a method of dispute resolution that is faster and less expensive than traditional judicial adjudication. For this reason, European businesses should rally behind mediation and see the economic benefits that mediation can provide.
On a micro-level, Member State governments can save time and money by making mediation happen. Indeed, even low -- at times, extremely low – rates of mediation success free significant litigation costs for governments, businesses, and citizens. This study has aimed to show just how low the mediation success rates can be and still see results. These “break-even points“ are valuable in showing the benefits to be derived from low success rates. Additionally, this study also has attempted to briefly suggest some simple regulations and incentives to induce mediation use. Some of the solutions, such as using the force of law to make mediation mandatory, are obviously not expected from every Member State. Others like reimbursing dispute fees or giving tax credits for successful mediation use are relatively simple ideas which might however have a big impact on increasing mediation participation rates.

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