L'istituto della mediazione/conciliazione fra luci e ombre. Alcune riflessioni medico-legali

The Authors examine the regulatory procedure that led to the introduction of the institution of mediation/reconciliation in Italy, in order to permit speedier, less costly resolution of some controversial disputes implicating available rights through simplified procedures. However, they simultaneously point out the more controversial aspects of mediation, among which are the compulsoriness of the institution, as a condition for prosecuting and the professionalism and training of the mediator, in light, too, of recent judgements by the Constitutional Court, Merit Courts and Regional Administrative Courts, and the possibility that the judge infers evidence, during the subsequent judgement, charged to the party who, without valid reason, did not participate in the mediation. Finally, special attention is dedicated to possible forensic implications, referring to cases of medical liability, in which a proposal of conciliation would necessarily include an evaluation of the status of the claim, the confirmation of the nexus of the material causality and the quantum compensation.