No. 1 of the Register of Mediation Bodies of the Ministry of Justice

No. 1 of the Register of Mediation Bodies of the Ministry of Justice

No. 1 of the Register of Mediation Bodies of the Ministry of Justice

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Penalties provided for non-participation

Find out what the consequences are for those who do not participate in mandatory mediation without justified reason

What are the penalties for non-participation in mediation for the summoned party?
The judge may order three types of cumulative sanctions from failure to participate in the first mediation meeting without justified reason: 1) to deduce evidence in the subsequent proceedings pursuant to Article 116 of the Code of Civil Procedure; 2) order the payment to the State budget of a sum corresponding to twice the standard fee due for the judgment; 3) order the losing party in court to pay to the other party a sum equitably determined in the amount of the maximum costs of the proceedings accrued after the conclusion of the mediation procedure.
In the subsequent proceedings, the judge must send a copy of the measure of the sanctions adopted against a public administration for non-participation without justified reason to the public prosecutor of the Court of Auditors.
In the subsequent proceedings, the judge must send a copy of the measure adopted against the supervised entities to the competent supervisory authorities such as IVASS, Bank of Italy, Agcom, etc.

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