Il convegno dell’Assemblea National Observatories on civil justice , held in Bologna on 29 and 30 May 2010, showed an obvious practical approach to the dynamics of Italian justice , in a meeting that no accident has been named - "The courts at the time of crisis, reality and prospects for recovery. " Actually, the prospects for recovery has not heard of, from north to south of the Italian peninsula, the only constant in the "justice sector", is the lack of availability of economic and human resources. An interesting proposal was received by the Centre of Pescara, which has in its Protocol for hearings ordinary civil actions, la possibilità per i difensori di allegare alla comparsa conclusionale, un cd rom contenente una copia della stessa, oltre agli atti che il giudice, in sede di precisazione delle conclusioni , abbia richiesto alle parti di trasmettere in modalità digitale. Tutto ciò all’evidente scopo di facilitare la stesura della sentenza da parte del giudice che potrà rilevare ictu oculi i dati identificativi delle parti e dei difensori, oltre alla più snella ricostruzione degli elementi di fatto e di diritto, prospettati dalle parti nei loro atti difensivi. Si stima un considerevole risparmio di 30 minuti a sentenza. Inoltre il Tribunale di Bologna , da qualche anno, shows a downward trend in regard to registration, by practitioners, a - 40% quite significant on the level of distrust felt by the young talent with regard to legal career, which after all in the north of the peninsula are reimbursed at least the expenses incurred during practice. The Union has promoted Triveneto conventions for the orientation training of practitioners by providing an activity of guidance to judges of Belluno, Bolzano, Padova, Pordenone, Rovigo, Venice, Vicenza, Verona, Trieste. In some cases the agreements were not activated due to a lack of candidates, probably due to the fact that the practitioner perceives in the study, a wages that otherwise would not have been granted, so they set out the orders for granting scholarships. Needless to say, in the South, the demand for this type of initiative was very high, since in almost all cases, however, is not expected expenses for the activity in the study of the practitioner, often used in tasks of photocopying or Registry, and you do not miss the opportunity, through this activity, provide additional and valuable items to your resume. In addition, some schools of specialization for the legal profession already provide this activity accompaniment magistrate against the trainee. The Assembly
Observatory was an opportunity to take stock of the very controversial mediation aimed at reconciliation. On one thing they all agree: it was better if the legislature had not provided!
Failure prediction of 'mandatory defense technique at this stage and the type of materials which provide conciliation as a condition of admissibility of a subsequent trial, and I refer particularly to disputes relating to compensation for the movement of vehicles and condominium disputes, affecting the economic interests of a large number of lawyers, which has 70% of their income to these causes. If this purification procedure to these interests, we could say that the legislature has been short-sighted to foresee it? The parties have the advantage of not having to carry their cause for years and Court to resolve their dispute could spend just € 200, not to mention the deflation of the judicial offices, from the justice of the peace until you come in Cassation. The real problem of the mediation of which still do not hear about is the connection (if any) between the stage and the conciliation proceedings, the issues of territorial jurisdiction related to the disconnect between the question asked by the Ombudsman and that any proposal before the state court, the incompatibility related to the shape of mediators and especially their preparation. The Court of Bari has provided a contract for 20 mediators, which indicate the requirements, registration with the Bar Association of Bari or another order, the mediator may continue to practice as a lawyer? because if the answer is yes we are faced with a case of double coverage of the role of referee / player, even if it is not in the same game, the Decree on mediation aimed at reconciliation, provides the possibility for objecting but it is not sufficiently regulated, and as such could lend itself to abuse, suggesting an issue that could undermine the confidence of the parties in respect of that procedure. It seems to me that in this case the choice of the legislature is not right or wrong, but it is appropriate or not, depending on your point of view of the observer and the sufferer.
Observatory was an opportunity to take stock of the very controversial mediation aimed at reconciliation. On one thing they all agree: it was better if the legislature had not provided!
Failure prediction of 'mandatory defense technique at this stage and the type of materials which provide conciliation as a condition of admissibility of a subsequent trial, and I refer particularly to disputes relating to compensation for the movement of vehicles and condominium disputes, affecting the economic interests of a large number of lawyers, which has 70% of their income to these causes. If this purification procedure to these interests, we could say that the legislature has been short-sighted to foresee it? The parties have the advantage of not having to carry their cause for years and Court to resolve their dispute could spend just € 200, not to mention the deflation of the judicial offices, from the justice of the peace until you come in Cassation. The real problem of the mediation of which still do not hear about is the connection (if any) between the stage and the conciliation proceedings, the issues of territorial jurisdiction related to the disconnect between the question asked by the Ombudsman and that any proposal before the state court, the incompatibility related to the shape of mediators and especially their preparation. The Court of Bari has provided a contract for 20 mediators, which indicate the requirements, registration with the Bar Association of Bari or another order, the mediator may continue to practice as a lawyer? because if the answer is yes we are faced with a case of double coverage of the role of referee / player, even if it is not in the same game, the Decree on mediation aimed at reconciliation, provides the possibility for objecting but it is not sufficiently regulated, and as such could lend itself to abuse, suggesting an issue that could undermine the confidence of the parties in respect of that procedure. It seems to me that in this case the choice of the legislature is not right or wrong, but it is appropriate or not, depending on your point of view of the observer and the sufferer.
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