Tuesday, April 13, 2010

Pixar Cars Online Paint

PROFESSIONS: CONCILIATION SALT FOR LEGAL

Reconciliation expensive lawyers. With the reform, which introduced mediation in the justice system (Law 69/2009 and Legislative Decree No. 28/2010) orders are called to set up bodies for conciliation by the courts, which will be recognized by the law ministry. An opportunity for sure, but also a challenge because, for those not already on the market based on the old rules (just a dozen or so orders can boast an arbitration already started), the risk is that of a hill start, which could also become a useless and very expensive initiative (conservative estimates speak of € 9 million for the system ordinistico). The need for a comprehensive regulatory framework in order to grasp the opportunities and overcome the difficulties in interpreting the rules and practices that have placed emerged yesterday during a meeting with the representatives of the local orders for conciliation, organized by the Bar Council with the aim of your time and check in on the ground state of the art. During the meeting, some estimates have been made: assuming that at least (and there are conservative estimates) 5% of lawyers registered on the rolls wish to become mediators and calculating a figure of 500 euro per person per year, the cost to the legal profession will be of 5milioni and a half Euros. For their part, the orders have to be held at least 370 courses, and estimated at least two employees engaged in conciliation bodies will have to pay more than 9milioni euro. Without even back VAT paid to the conciliators. Another issue that emerged was the insurance policy: the law provides for the mandatory but as insurance companies so far contacted by the orders often can not provide proposals based on the volume of business (which still can not be estimated.) The CNF is considering two alternative ways: either ask the Ministry for the exemption orders, as already provided for the Chambers of Commerce, or enter into a contract with an insurance company. "With the Committee for the study of mediation cnf we initiated a confrontation with the Ministry of Justice in the belief that the bodies of conciliation to the Bars and Law Societies have peculiar characteristics: will consist of individuals with specific training in legal theory and practice and will ensure greater fairness. We believe also that the parties would prefer to be accompanied by a lawyer. Dwell in the Ministry because the orders are automatically enrolled in institutions as trainers. And I am of the opinion that the conciliators at the orders can not be that lawyers who are trained in the same order or other bodies of lawyers, "said President Guido Alpa cnf. Concerns about the implosion of the system are all on the carpet, because it will also assess the economic viability of the system and practice. "We're all concerned because there are no data to give us an order of magnitude. What is certain is that the system will self-finance and so it is important that the Ministry of fixed rates that are sufficient to cover its costs, "highlighted Alpa. As to the first operational guidelines regarding training, have been suggested to acquire skills in a training course for mediators: understanding the dynamics of conflict, effective communication, cooperative negotiation techniques, communication skills, techniques and procedures for conflict mediation . As regards the quality of the provider, the elements that militate in its favor are the presence of a responsible scientific, professional qualifications of teachers, a system of evaluation and selection system mediators. It was explained how to establish a conciliation body both as a direct offshoot of the Order or by a foundation set up ad hoc. Are overshadowed by the difficulties of interpretation of the rules: it has been suggested not to emphasize the consequences of the obligation of information by a lawyer: the medium might act to repeat what has already been paid to the lawyer. A disciplinary would apply Article 40 of the Code of Conduct. Doubts also arise when the mediation is provided as a condition of admissibility in the case of a counterclaim or third party proceedings or voluntary third party intervention.

0 comments:

Post a Comment