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Negotiation, ADR and Arbitration

Assistenza legale negoziazione e arbitrati

Negotiation and Mediation

The Firm is dedicated to negotiation aimed at the amicable resolution of disputes through the use of Alternative Disputes Resolution Methods (ADR), including, especially, conciliation and mediation.

The firm also has significant experience and a high success rate in the field of banking and financial disputes, reaching for its clients the renegotiation of their contracts and settlement agreements.

Negotiation and mediation for the resolution of disputes

Negotiation and mediation for the resolution of disputes

Mediation is an “evolved” dispute resolution method that aims to transform the “disputed” relationship, through a mediator chosen by the parties who acts as a facilitator, allowing them to move from a sterile discussion on positions, to the identification of real interests hidden behind the conflict, in order to satisfy each other.

With mediation, unlike ordinary judgment or arbitration, the parties do not rely on a third person (the arbitrator/s or the judge/s) who does not know their interests and who decides the case according to law, but they remain in control of the situation and its outcome.

Since 2010, in disputes concerning insurance, banking and financial matters, as well as in other type of commercial disputes, such as lease of business and other leases, mediation is compulsory before filing a claim before Italian courts.

Consulenza legale diritto bancario e finanziario
Assistenza legale import export
Assistenza legale per aziende a Bologna
Assistenza legale a Bologna

Arbitration and Litigation

The Firm also manages arbitration disputes, both ad hoc and administered by the main national and international arbitration institutions.

Arbitration is a so-called private justice. In the commercial field (except for some matters), the parties can agree to devolve any dispute arising from the interpretation and execution of a contract, to one or more arbitrators, rather than before the ordinary justice of a country.

The arbitrator and the arbitrators issue a decision which is called an award and which is binding on the parties. Unlike mediation, therefore, this method of resolution is adjudicative. The spread of arbitration is mainly due to the New York Convention of 1958 which allowed the recognition and execution of foreign awards in the more than 150 countries of the world that have ratified it.

This activity involves the application of national and international legislation (bilateral and multilateral conventions) on arbitration and the main national and foreign arbitration laws, also taking into consideration the Model Law and the Conciliation and Arbitration Rules of UNCITRAL.

Before entering a contract, companies should opt between arbitration and litigation in front of the courts of one country, by taking into accounts many factors. In relation to international transactions, this is often a case by case choice; accordingly, our law firm can advise companies also on this important issue.

For further information, please contact us: