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A Journal on Forensic Medicine
Minerva Medicolegale 2012 March;132(1):43-59
Responsability profiles in the activity of the mediator according to legislative decree n. 28/2010
Odontoiatra, Mediatore ex D.Lgs. n. 28/2010, Master in Odontologia Forense, Università degli Studi di Firenze, Firenze, Italia
The legislative decree n. 28/2010 in subject of mediation finalized to the conciliation of the civil and commercial controversies, in force since March 21st 2011, provides, for the first time in Italy, a general discipline of the institute of the mediation, making the attempt of mediation preliminary condition to the judicial way for some matters, including damages from medical liability. With the introduction of this norm, the activity of the mediator, not yet recognized as autonomous profession, characterized by separate principles, methods of intervention, skills and knowledge, assumes clearer contours and more marked professional profiles. The mediator, in fact, necessarily endowed with specific established formation to norm of law, becomes a highly specialized figure to manage with effectiveness the dispute, directing the parts to the satisfactory accord for both through the most innovative techniques of mediation. The creation of new perspectives of professional development for the mediators has introduced the debate, in doctrine and jurisprudence, in theme of responsibility, opening the discussion both on the obligations of the mediator, more and more wide in relationship to his professional qualification recognized until now, and on the specific hypotheses of imputable responsibility to him. In light of the current legislation on civil and commercial mediation, the author analyzes the profiles of liability that can be shaped towards the professional in the carrying out of the activity of mediator.