Avv. Federico Loreggian
Out-of-Court Assistance
Legal advice and drafting of contracts and unilateral deeds, assisted negotiations and mediation procedures.
Not every problem needs a courtroom to be solved. The solution can come earlier — through targeted advice, a dialogue between the parties, a well-drafted document. When a dispute arises — whether between private individuals, companies, professionals or entities — the judicial route is not the only path available. If those involved are placed in a position to cooperate, it is possible to reach a concrete, effective and satisfactory solution, even before proceedings commence, to the point that litigation will not even be necessary.
Consider, for example, a company that needs to resolve a dispute with one of its suppliers, but without disrupting the existing business relationship; a private individual seeking protection for a breach of contract; or a couple in crisis who prefer an agreement over a lawsuit.
The out-of-court process is not merely a possibility. In certain cases, the legislature has provided that a mandatory attempt at preventive conciliation outside of court must be made, through two specific tools: mediation and the assisted negotiation procedure. For instance, mediation is mandatory in the areas of leases, inheritance, condominium disputes, medical or healthcare liability damages, banking and insurance contracts and many other matters. Assisted negotiation is instead mandatory for compensation claims arising from vehicle and watercraft accidents and for payment claims up to €50,000.00.
So, if when a legal problem arises many people immediately think of a lawsuit, the reality is quite different: there is a concrete possibility — and, in some cases, an obligation to attempt — to avoid litigation where the parties, adequately informed and supported, are able to reach an agreement out of court.
In this regard, the law firm of Avv. Federico Loreggian offers its expertise and professionalism at every stage of the out-of-court process, including:
- Drafting and review of contracts.
- Issuing formal notices and letters of demand.
- Legal opinions on specific cases.
- Mediation and assisted negotiation procedures.
- Settlement agreements between the parties.
The Firm offers out-of-court assistance throughout Italy, with a strong presence in the provinces of Venice and Padua. If you are facing a difficulty, the first step could very well be the search for targeted advice. Contact the Firm for a personalised assessment.
Frequently Asked Questions
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Mediation is a process in which an impartial mediator helps the parties reach an agreement. It is mandatory before commencing legal action in matters of condominium disputes, property rights, division of assets, inheritance, family pacts, leases, loans for use, business leases, medical and healthcare liability damages, defamation by press, insurance, banking and financial contracts, joint ventures, franchising, subcontracting, partnerships and other contracts provided for by Legislative Decree 28/2010.
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Mediation involves a third-party neutral mediator and is mandatory for numerous matters (condominium, inheritance, leases, banking and insurance contracts, etc.). Assisted negotiation takes place directly between the parties with their respective lawyers, without a third party, and is mandatory for compensation claims arising from vehicle and watercraft accidents and for payment claims up to €50,000 (Decree Law 132/2014). Both aim to resolve the dispute before trial.
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Mediation costs include the fees of the mediation body, which vary according to the value of the dispute, and the lawyer's legal fees. Mediation is generally less expensive and faster than court proceedings.
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Mediation has a maximum duration of 3 months. Assisted negotiation is generally concluded within 1–3 months. These timescales are considerably shorter than an ordinary civil proceeding, which can last several years.
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Yes, since 2013 the presence of a lawyer has been mandatory in civil mediation. The lawyer assists the client throughout the entire process, protects their interests and verifies the legal validity of any agreement reached.