CIVIL MEDIATION LEGISLATIVE DECREE 28/2010

Transcription

1 CIVIL MEDIATION LEGISLATIVE DECREE 28/2010 STATISTICS FOR THE PERIOD JANUARY 1 ST DECEMBER 31 ST Ministero della Giustizia Dipartimento della Organizzazione Giudiziaria, del Personale e dei Servizi Direzione Generale di Statistica e Analisi Organizzativa

2 Incoming mediations March 2011 December TIME SERIES LAST 5 QUARTERS Statistical projection Statistical projection Variation (w/o outlier) 4 th trim. v/s 4 th trim % In the comparison between years, is has to be taken into account that: From 13 December 2012 to 30 September 2013 the compulsory attempt at conciliation was suspended; In 2012 there were approximately mediations (an average of per quarter) for damages from circulation of vehicles and boats, this subject matter is no longer mandatory as of September 20, 2013 Responding firms in 4 th quarter 468 / Q Q1 Q2 Q3 Q4 Incoming mediations Incoming mediations for one mediation firm, statistical «outlier»

3 Comparison between cases handled in mediation and those handled in the Tribunals The proceedings enrolled in the ordinary courts relating to matters for which a mediation attempt is compulsory represent nearly 8% of the total civil cases registered in Italian tribunals each year Reduction vs 2013 Civil Total = -8% Mediation matters = -16% proceedings enrolled in ordinary courts relating to mediation incoming mediations 3

4 Mediation firm statistically an «outlier» Registered in Has 104 operational sites. Manages only insurance contract related litigations: Incoming cases 4 th quarter st quarter nd quarter rd quarter th quarter th quarter th quarter Almost all cases have ended due to the lack of presence of the counterparty: Resolved cases With counterparty Agreement not-reached With counterparty Agreement reached No presence of counterparty 4 th quarter st quarter nd quarter rd quarter th quarter This firm, for the activities reported above, represents a statistical outlier. For this reason the analysis of subsequent pages are processed without its data. 4

5 Data by subject matter January 1 st December 31 st INITIAL PENDING INCOMING RESOLVED FINAL PENDING Condominium Property Partition Wills and inheritance Family covenants and agreements Lease Loans Business rents Liability for damages from vehicles and boats* Medical malpractice damages Libel Insurance contracts Bank contracts Financial contracts Other proceedings (non mandatory mediations) Total *non mandatory matter since September 2013 Insurance contracts «outlier»

6 Incoming mediations by subject Bank contracts 23,5% Property 13,7% Lease Condominium Other proceedings (non mandatory mediations) 10,9% 12,0% 11,9% Medical malpractice damages 6,6% Insurance contracts Partition 6,0% 4,8% Bank contracts Year ,1% Wills and inheritance 4,2% Property Other proceedings (non mandatory mediations) 13,1% 11,9% Financial contracts 3,1% Lease Condominium 11,6% 10,7% Loans 1,2% Medical malpractice damages Insurance contracts 6,7% 6,0% Business rents 0,8% Partition Wills and inheritance 4,7% 4,0% Libel 0,7% Financial contracts Loans 2,9% 1,3% Liability for damages from vehicles and boats (non mandatory matter since September 2013) Family covenants and agreements 0,3% 0,0% Business rents Libel Liability for damages from vehicles and boats Family covenants and agreements 0,8% 0,7% 0,4% 0,1% 6

7 Success rate Abandoned by claimant before start 2,4% % of participation Success rate (including those mediations where parties meet only in the first information meeting) 23,0% No participation 52,7% Participation 44,9% 77,0% Mar Dec Agreement not reached Agreement reached Participation Success rate 27,0% 32,4% 40,5% 43,9% 42,4% 47,0% (*) A sample analysis shows that the success rate goes up to 43,5% when parties go further in the mediation attempt after the first information meeting (*) Excluding mediations in which parties participated only in the first information meeting 7

8 Trend of success rates Success rate (%) ,2% 57,7% 57,7% Success rate trend when parties go further than the first information meeting 44,1% 46,4% 41,8% 43,7% 42,7% 43,1% 43,2% 43,5% 32,0% 26,8% 23,3% 22,4% 21,2% 20,9% 23,0% 22,2% 23,8% Q Q Q Q Q Q Q Q Q1 Q2 Q3 Q4 8

9 Categories of mediation resolved cases Judicial referral 700 1,7% ,3% 489 2,0% ,6% ,7% Mandatory mediation ( ) Mandatory Mediation with easy opt-out at the initial meeting (from end 2013) ,9% ,9% ,5% ,8% ,6% Provided by contract / agreement 200 0,5% 458 0,3% 359 1,5% ,6% 823 0,4% Voluntary ,9% ,6% ,0% ,0% ,3% Judicial referral mediation

10 Geography of mediations North-west 27% Central 22% Islands 11% North-east 17% South 24% REGIONS % LOMBARDY 16,6% LAZIO 10,7% CAMPANIA 10,1% SICILY 7,7% TUSCANY 7,4% VENETO 7,0% EMILIA-ROMAGNA 6,9% PIEDMONT 6,8% PUGLIA 5,7% CALABRIA 4,4% SARDINIA 3,1% LIGURIA 2,9% ABRUZZO 2,3% MARCHE 2,0% FRIULI-VENEZIA GIULIA 2,0% UMBRIA 1,5% TRENTINO-ALTO ADIGE 1,4% MOLISE 0,7% BASILICATA 0,6% VALLE D'AOSTA 0,2% Analysis made with a sample of resolved cases 10

11 Rate of Counterparty Participation in a Mediation Process ,0% 41,8% 42,7% 43,7% 44,9% 45,2% 44,5% 44,9% 34,8% 36,8% 31,3% 23,7% Q Q Q3 013 Q Q Q Q Q Q1 Q2 Q3 Q4 11

12 Participation by subject Subject % of participation Wills and inheritance 64,9% Partition 60,2% Family covenants and agreements 56,5% Property 55,0% Condominium 54,3% Business rents 51,0% Lease 50,4% Loans 47,4% Bank contracts 44,0% Other proceedings (non mandatory mediations) 41,9% Libel 38,3% Medical malpractice damages 37,5% Ranking of participation 64,9% 60,2% 56,5% 55,0% 54,3% 51,0% 50,4% 47,4% 44,0% 41,9% 38,3% 37,5% Financial contracts 35,9% 35,9% Liability for damages from vehicles and boats (non mandatory matter since September 2013) 23,9% 23,9% Insurance contracts 14,6% 14,6% 12

13 Success rate analysis by subject Liability for damages from vehicles and boats (non mandatory matter since September 2013) Property Other proceedings (non mandatory mediations) Loans Partition Lease Business rents Condominium Family covenants and agreements Wills and inheritance Insurance contracts Financial contracts Libel Medical malpractice damages Bank contracts 54% [78%]* 46% 36% [55%]* 64% 34% [56%]* 66% 31% [53%]* 69% 28% [44%]* 72% 28% [49%]* 72% 26% [48%]* 74% 25% [39%]* 75% 25% [47%]* 75% 23% [39%]* 77% 14% [36%]* 86% 12% [29%]* 88% 12% [35%]* 88% 10% [23%]* 90% 7% [23%]* 93% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Agreement reached Agreement not reached * Outcome of the procedures when parties agree on meeting 13

14 Success rate by type of mediation body Sample Survey Type of mediation organization Number of organizations as of Resolved Success rate including cases where the other party did not participate in the process Success rate including only cases in which both parties participated in meetings following the first information one Chambers of Commerce ,8% 47,8% Private organizations ,9% 46,8% Bar associations ,9% 36,9% Other professional associations ,6% 46,6% Total ,6% 43,5% 14

15 Success rate of Mediation by Type of Referral % resolved cases Judicial referral 14,5% [31%*] 85,5% 9,7 % Mandatory mediation 21% [43%*] 78,8% 82,0 % Voluntary 40,6% [62%*] 59,4% 8,3 % 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Agreement reached Agreement not reached * Outcome of the procedures when parties agree on meeting 15

16 13) Economic value of mediation disputes Condominium Liability for damages from vehicles & boats (non mandatory mediations since September 2013) Loans Lease Insurance contracts Other proceedings (non mandatory mediations) Property avg Valore mediano ALL della MEDIATIONS lite Median value 19,929 Average value Values indicated for each subject are median values. Financial contracts Business rents Family covenants and agreements Libel Medical malpractice damages Wills and inheritance Bank contracts Partition

17 Success rate by value range over % [37%]* 85% % 10% [23%]* [25%]* 90% 90% % [29%]* 88% % [34%]* 87% % [39%]* 81% % [44%]* 77% % [51%]* 70% % [55%]* 66% % [46%]* 76% 0% 20% 40% 60% 80% 100% Agreement reached Agreement not reached * Outcome of the procedures when parties agree on meeting 17

18 Legal Aid % of claimants to whom legal aid was granted % of defendants to whom legal aid was granted Categories of mediation % of claimants to whom legal aid was granted % of defendants to whom legal aid was granted 1,0% 1,3% Judicial referral 1,2% 2,0% Mandatory mediation 0,9% 1,1% Voluntary 1,7% 1,6% Type of mediation organization % of claimants to whom legal aid was granted % of defendants to whom legal aid was granted Other professional associations 0,1% 0,6% Chambers of Commerce 2,0% 0,5% Bar associations 0,9% 1,2% Private organizations 0,9% 1,5% 18

19 Lawyer s assistance in voluntary mediation Total claimants Total defendants 17% 48% 52% 83% Assisted by lawyer NOT assisted by lawyer From September 21 st 2013 the assistance of parties by lawyers is mandatory for all mandatory mediations 19

20 Days in mediation compared to days in Court CIVIL CASES IN COURTS MEDIATION Cases when an agreement is reached 65days days 82days 2013 Litigious cases in 83days days 20

21 Ministero della Giustizia Direzione Generale di Statistica e Analisi Organizzativa Document available at