Dispute resolution

ADR Art & Cultural heritage can be activated in two different ways:

  • Through the Fast Track Mediation Rules which are particularly flexible and can be adapted to the parties’ needs without following the D.Lgs. n. 28/2010 rules. This kind of procedure fits well when the dispute is multidimensional, international, foresees the necessity of art experts and lower costs;

  • Through the procedure identified in the Italian mediation legislation (D.Lgs. n. 28/2010). This procedure fits better with domestic disputes that strive for an Italian enforceable title.

When the filing party deposits the mediation request form, CAM Mediation Service activates the mediation procedure. The invited party, within 20 days from the deposit, is called to participate to the mediation process.  
If the invited party denies to participate, CAM closes the procedure; if the invited party accepts to participate, CAM asks for the payment of the mediation costs to both parties. If the costs are not paid, the procedure is dismissed. When the expenses are paid, the mediation proceeding begins and CAM nominates a mediator for the dispute.
A first meeting is set up: the parties can ask to meet also in web-conference or via phone call. If the parties do not reach an agreement, the procedure is closed. If the parties do reach an agreement, this is formalized in a memorandum that becomes an enforceable title under the Italian legislation.  

Mediation Scheme