This parallel track offers to users an informal scheme that can be shaped and adapted according the parties' needs.
Proceedings is very simple and straightforward. Parties are in full control of it.
Choosing Italian Mediation System pursuing Decree 28/2010 or FTMR is upon the parties and can be a matter of conflict management strategy.
In general if the subject matter falls into the "mandatory cases" and the second option in case of failure of the mediation is going to court the decision having to be executed in Italy, then it could be more convenient to follow track n. 1.
If court proceedings is not an option or if the subject matter is not falling in the list of mandatory matters and the obligation doesn't have to be executed in Italy, track n. 2 could be a valuable choice leaving much more space to self-determination of the parties. In this case, the agreement reached under track n. 2 is a contract between the parties.
Legal assistance is not mandatory and parties can have a mediator of their choice, a person they both know and trust or they can ask the Secretariat to make the choice in their place picking the name from the relevant list or also from the lists of the other mediation providers CAM has a partnership with.
Fast Track Mediation clause: