La mediazione come possibile alternativa al contenzioso

Legislators, inspired by desires to limit unnecessary recourse to law courts and resolve disputes rapidly and effectively, have reviewed the rules of civil procedure and sought alternatives for resolving existing disputes by means of conciliation. Provision for preventive technical advice with specifically conciliatory function was introduced into the Civil Procedure Code (art. 696 bis) in 2005. More recently a Legislative Decree was issued on mediation aimed at conciliation, which makes conciliation proceedings mandatory for many civil and commercial disputes, including those related to damages resulting from medical liability. In the field of dentistry, claims for damages are often very high, and it is here that mediation faces an interesting challenge: to overcome the litigants' respective positions and induce them to abandon their opposing claims in order to reach a mutually acceptable resolution to the conflict.