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Therefore intermediation is a bargaining that occurs in the presence and with the help of an impartial and neutral third party, who has the duty to understand what is the essential need of the subjects and to lead them to an understanding that satisfies both, with the I hope that this understanding is the basis for a peaceful planning and collaboration for future relations between them.

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Intermediation and reconciliation The main intermediary of the brokerage procedure is the intermediary, which art. 1 lett. b) the provision limits as "the subject or the physical subjects who, alone or collectively, deal with intermediation, since in this case they are deprived of the right to give opinions or limitations to the recipients of the same service".

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Therefore the intermediary alone or in a group can only support the subjects to reach a friendly understanding, but does not have the right to give opinions or provisions that can limit the subjects: in fact the intermediary is not represented by a judge.

The application of art. 5 enuclea disciplines for which the legislation makes it mandatory to appeal to intermediation: it clarifies "Whoever wants to take action concerning a dispute in the condominium, effective rights, distribution, inheritance, family agreements, rent, loan for use , leasing of companies, reimbursement of damages deriving from the movement of cars and boats, liability on the medical level and slander by means of press or other advertising tool, insurance contracts, bank and financial contracts, is obliged beforehand to implement the brokerage procedure. ... "

NOTE: the D.L. 225/2010 changed in the Law February 26, 2011, n. 10 establishes a limitation to the disciplines of intermediation decreeing that the condominium and reimbursement damage contests that come from the movement of cars and boats, expected by art. 5, will become necessary only from March 20, 2012.

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Peculiarities Calculation Costs and Rates of the Civilist Brokerage. As is Intermediation. The request is made through a request to the intermediary bodies registered with the Ministry of Justice. If the subject or the subjects in dispute do not turn to the intermediary institute but directly to the judge, the same remarks of such absence (not beyond the first hearing) and fixes for the subjects a term of 15 days for submit the brokerage request.

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The intermediation procedure, based on art. 6, has a trend that does not exceed 4 months, in which the intermediator programs interviews with both parties and individually; if the intermediation is positive and the subjects arrive at a friendly agreement, the intermediary draws up a report which is accompanied by the memorandum (drawn up by the same subjects and their lawyers).

Intermediation and reconciliation When there is no agreement between the subjects, the intermediary can, of his own free will (even if he is not obliged), extend an opinion of intermediation, which is announced to the subjects; if, however, the subjects give it a unanimous appeal, the intermediary must plan an opinion of reconciliation. In both situations the opinion expressed by the intermediary can be rejected by the subjects; in this case, the art. 13 presumes effects.

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Such legislation establishes that at the time when the procedure that establishes the ruling fully respects the content of the opinion of the intermediary, the legislator does not allow compensation for the costs incurred by the winning parties who have rejected the opinion and the penalty for compensation of the costs incurred by the subjects losers, and puts on them the costs for the compensation paid to the mediator and the lawyer delegated to analyze issues of a technical nature (such as: engineer, surveyor and so on).

If the provision of the legislator does not fully coincide, but only partially, with the content of the opinion, the legislator, if there are particular and important reasons, may not admit that the winners are compensated the straight costs for the indemnity of the mediator and for the legal reward.

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Contact us in case of detention or criminal or civil problems. The law firm in London, New York, La Vegas, Rome, Naples, Milan, Italy, Germany, Spain, France and has over 15 foreign branches, is directed towards criminal and international law, a format for criminal lawyers mainly deals with the defense of people accused of crimes penalties such as drug trafficking, financial and economic crimes, white-collar crimes, murder, violence, rape and any type of crime. Contact us now for effective criminal defense.

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