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Intermediation and reconciliation (dfa33). A fundamental figure for implementing such an activity is the intermediary, which art. 1 lett. b) of the procedure clarifies how "the person or persons who, individually or together, carry out the intermediation and who are deprived of the right to make judgments or limitations of any kind for those who benefit from such a service".
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Article. 5 also highlights the areas that require mandatory prior intermediation, which states that "anyone who takes an action related to a dispute at the condominium level, real rights, division, succession, family understandings, leases, loan for use, renting of companies, compensation for damages deriving from the movement of cars and ships, health responsibility and defamation by means of press or other advertising means, underwriting of insurance, banking and financial contracts, must necessarily carry out the prior brokerage procedure .... . "
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This is why the figure of the intermediary is not attributed to a judge who, on the other hand, has the right to express opinions and opinions, and to issue measures.
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NOTE: D.L. 225/2010 transformed into the Law February 26, 2011, n. 10 provides for limits to intermediation establishing that the disputes of condominiums and compensation for damages arising from the movement of cars and ships, provided for by art. 5, will be mandatory only from March 20, 2012. Calculation of Costs and Rates of Civil Intermediation, and its Implementation. The request is made by request to the institutes responsible for this and registered in the Ministry of Justice tables.
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If, on the other hand, the parties in dispute refer directly to the judicial authorities, the same points out the same lack and prescribes to remedy them within 15 days.
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According to the art. 6, the brokerage process does not exceed 6 months, in which the intermediary establishes to meet individually or together the interested parties; if the procedure is positively resolved, an amicable agreement is reached and, in this way, a report is drawn up which is accompanied by the agreement document drawn up by the interested parties and their lawyers. Intermediation and reconciliation (xx3).
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In the event that an agreement is not reached, the intermediary can, spontaneously even if not obliged, draw up a brokerage judgment and provide to inform the interested parties; while, if the parties ask him openly, he must prepare a judgment of reconciliation.
In both cases, such a judgment can be refused by the parties, and in this case, the art. 13 presumes consequences.
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Also, this rule provides that when you arrive at a sentence, you adhere to the judgment given by the intermediary, as the law did not provide for the reimbursement of costs incurred by the winning parties who have refused the trial and sentenced to the reimbursement of costs incurred by the losing party, and charges the costs for the indemnity to be paid to the mediator and the lawyer appointed to ascertain the elements of a technical nature, such as the engineer, the surveyor and so on.
If the judgment of the court does not comply with what is stated in the opinion given by the intermediary, or only partially respects, the judge can not accept that the winning party will be compensated the costs incurred for the compensation of the intermediary and for the lawyers interested in the matter.
Intermediary constraints. In the same sector it is useful to mention the function of neutral arbitrator entrusted to the intermediary who, according to articles 9 and 10 of the legislation, has the obligation to maintain the secret with respect to the information and data collected during the course of the proceedings.
Intermediary must guarantee and guarantee secrecy towards other subjects (Article 9). For this reason, if it is deemed opportune, the intermediary can also meet each involved person separately, but all that will come out of such a meeting must be kept in secret and only what the declaring party prefers to let everyone know another, with the aim of being able to reach an agreement for the resolution of the dispute.
Then the intermediator, as enshrined in art. 10, can not be called to testify on the information and data obtained during the intermediation, in the subsequent trial that should occur before the judge in the event that such an agreement did not have a positive outcome, as well as the same information can not be used in the course of the trial, unless the consent of the declaring party or the subject from whom the news arrives is given.