Italian lawyers to Go On Strike against the so called “Insane Mediation Reforms”, an Italian lawyer’s insider’s view

Date: February 18th, 2012 | Filed under: Blog

Italian lawyers are planning 2 days of strike, on February 23-24, against the reforms proposed by Prime Minister Mario Monti, centred on the abolition of minimum and maximum fees and the extension of an accelerated conciliation/mediation process for minor civil cases, which would not require the use of lawyers. The situation of the Italian judicial system is a very difficult one, with its backlog of nine million cases, and an average time to resolve a case of seven and a half years.

But lawyers say the reforms will just make things worse!.

WhatItalyactually needs is not a reform in quantity, but in quality, as Valerio Spigarelli, head of the penal lawyers’ body,  who said.

“The Government “insane” reforms would increase an already excessive number of attorneys, he said, adding that in theRomearea alone, it  has as many lawyers asFrance.

Lawyers also believe that the measures will undermine professional standards by cutting the length of probation by trainees and allowing businessmen to hold a majority interest in legal practices – raising a conflict of interest and undermining the lawyers’ independence”.

“There are already too many lawyers inItalybut this is not why justice doesn’t work. It is a question of inefficiency and lack of investment”, said Elio Lanutti, President of Adusbef.

The lawyers’ decision to go on strike against the Technical Government has emerged at the conclusion of the OAU (Advocacy Unit Body). “The decision to abstain from all judicial activity – the Assembly stressed – is the result of the Government attitude, which is not shared by lawyers.”

In addition to the total blockade, the protest will also flow toRomewith a sit-in in front of “Palazzo Chigi”, and a symbolic occupation of the courts.

This is not the first time Italian lawyers protest against the Government proposals, as we can remember the one week strike on March 2011 against the creation of a mandatory mediation proceeding for most of civil cases.

As the reform established a simple procedure by which disputants can try to settle without the use of lawyers, the response ofItalynational lawyers union was to call for a national strike, in order to avoid the drop in revenue.

Italian lawyers pointed they were not calling for the law to be overturned, but for changes that would substantially cripple it, such as making mediation optional for litigants rather than obligatory, and requiring “technical” (read that “lawyer”) assistance at the mediations.

On the other hand, there were also Italian lawyers supporting the change, thinking Mediation is a positive way of avoiding waiting many years for a Court judgment.

“Many lawyers fear they will be losing business, thinking that you are paid for litigation if you go to court” said Mr. Buizza, a Milan-based lawyer for Withers LLP, “but this is a short-sighted view, because lawyers also get paid for mediation work!”

Sonia Gabbiano, is a legal intern at CPD Seminars in Dublin specialising in alternative dispute resolution and mediation practice.