Assisted negotiation comes into force today, i.e. the obligation to seek mediation between the parties before starting a case in court.
WHICH SUBJECTS DOES IT COVER?
The novelty, which aims to streamline procedures, concerns three subjects:
– compensation for road accidents;
– the recovery of sums up to 50 thousand euros due for any reason (obviously excluding cases in which the law imposes other mediation or conciliation procedures);
– transport or sub-transport contracts.
WHAT ARE THE TIMES TO RESPOND TO THE INVITATION?
The lawyer of the person who has suffered the damage has the obligation to invite the lawyer of the other party, by registered letter or certified e-mail, to enter into an "assisted negotiation agreement". A court case can only be initiated if the other party declines the invitation or does not respond within 30 days of receiving it.
WHAT IF THE INVITATION IS ACCEPTED?
If, on the other hand, the invitation is accepted, the lawyers draw up the "assisted negotiation agreement", in which a deadline is agreed to reach an agreement (not less than one month) and the lawyers certify the signatures under their own professional responsibility.
If an agreement is actually reached, this, once signed by the parties and their respective lawyers, has the value of a sentence.
Otherwise, i.e. if no agreement is reached within the term set in the agreement, the lawyers must draw up and certify the declaration of non-agreement. At that point, the process can begin.
IS THE ACCOVATO OBLIGED TO INFORM THE CUSTOMER?
The lawyer is required to inform his client of the obligation to resort to assisted negotiation, but the law does not provide for any sanction against the lawyer in case of lack of information. All that remains is to keep yourself informed and rely on the ethics of individual professionals.
