General aspects

Conflicts between individuals, companies, groups and people are inevitable because the needs and interests of a party may easily interfere with those of another. Such situations, contrary to common sense, are by themselves “neutral”, in the sense that they are neither negative or positive: they might affect the relations between the parties if addressed through an argument but they might also develop in a “constructive” way if addressed through dialogue. Through the use of this system, each party acknowledges the necessities of the “interlocutor” and tries to solve its problems in a synergistic manner to those of the other party.

Traditionally, there are three ways to manage conflict: force, law and agreement and each of the previous has its advantages and disadvantages. None of them is perfect. The first two are clearly based on contrast while the third is based on consensus. According to the negotiation and mediation principles, the only type of agreement that works is that able to meet the needs and interests of all parties without damaging the community. The negotiating culture looks at the contract not as a source of obligations (having to do) but rather as a source of satisfaction (want to do) based on the exaltation of converging interests and not on the imposition of those opposed. Unfortunately, the latter are all too visible while the former must be discovered by both by the negotiators and the impartial third party mediator.

This is the modus operandi of the firm, aimed at facilitating the spontaneous execution of an agreement, placing it in a context that is closer to the interests of both parties.

The transition from negotiation-mediation to conciliation

The underlying principles are the same in both the negotiation of the part involved and the impartial  mediation-conciliation. Studies on how to create the “consensus efficient” have a sufficiently established conceptual framework based on “six pillars”, which are the result of a strong interdisciplinary approach. These are: 1. functional relationship, 2. mutual understanding, 3. multiplicity of solutions, 4. underlying compatible interests, 5. objective criteria and 6. satisfactory commitments. The transition from negotiation of the party involved to impartial mediation is given by the intervention of a neutral third party: the latter can, in fact, dispose of a tool that, in practice, the parties and their lawyers cannot dispose of,  that is to say the chance to have private meetings with each party and their lawyers. The aim of these meetings is to inform the conciliator of the “real” problems that led to the conflict and, at the same time, to keep them hidden from the “interlocutor”. In this way, the firm makes of the tort or breach of contract a problem to solve, and not a blame to place onto someone.

The activities of the firm in the field of negotiation and mediation

The firm created a specific department to deal with negotiations and impartial mediations in order to provide innovative legal services in the fields of (1) customer service – by creating the best suited contract to the type of business envisaged – and of (2) assistance to two or more parties – none of which client – aimed at finding an agreement and putting an end to an already existing conflict or to prevent future conflicts. This goal is pursued by the firm through innovative methods that are supplementary to the traditional format of transactions or of impositions deriving from power relations. In fact, being based on “mutual concessions”, the former can sometimes determine an “unsatisfactory” agreement while the latter, which is based on the so-called “laws of the jungle” determines an “imposed” agreement that might eventually give rise to a desire for “revenge”. Therefore, traditional methods may determine, for opposite reasons, unstable agreements. All this, naturally, resulted in a systematic decrease in the reliability of our national entrepreneurial system and caused the flight of foreign investors. To help counter this trend, our firm has created the negotiation and mediation service.