We were in March 2009 when I got to write the COMM-UNIQUE PROJECT , arising from the meeting of personal insights and elaborations about what seems to me to become the possible development of Conciliation, Mediation and Civil , as is now called. At the time, but there were no decrees Delegates and there was not even Law 69/2009 establishing the Conciliation, which was launched only in August of that year (Summer Maneuver).
Presented at the Conciliation and Arbitration Commission referred to the time I was on, the draft was received with great coolness and skepticism, perhaps because they are too visionary and forerunner of the times, partly because it was the emergence of a figure above that of Conciliator, whose functions seemed to replicate more than the conciliator. The project was to me very strongly pursued and even partially realized until I could, that is, until my departure from the Commission and the CPRC, for obvious "incompatibility" of vision and attitudes. Here do not wish to dwell further on the issue, but I would like to point out some aspects that emerge from the Project:
1) The identification of the professional or the FACILITATOR NEGOTIATOR PART . This figure is a far more strategic CONCILIATORE, as it assists the party of which he is confidence throughout the process of mediaconciliazione , negotiating on his behalf and at his side. But even before you begin, the facilitator directs Flows Reconciliation to this rather than another center of Conciliation, moving the "pawn" for the first and according to expectations. Today
Conciliation Centres are about 200 and, after the initial euphoria of being the exclusive application in training courses for a fee, they will keep the market and deal with the flow of that Mediaconciliazioni will be able to attract first and then manage it properly. In that moment, which is yet to come, the market will remain his only skimming and Conciliation Centre which will have developed better than others "potential attractions" not for mediators, facilitators and for the , or for part of the negotiators.
2) The belief that reconciliation would be for ALL CITIZENS and affordable to ALL PROFESSIONALS , anachronistic without protection or exclusive category , which would have reduced the potential. Each type of professionals (lawyers, accountant, architect, engineer, doctor, surveyor, etc ...) is carrying a EXCLUSIVE in the matter of which is a representative professional.
I imagined to recognize these skills, different, a goal shared by all who have called EUPETENZA , or the preparation of spirit and intellect to FACILITATION of extremes, the composition annotated and shared of action or attitude shared by facilitators who could "make it easier and easier" to reach an agreement for the benefit of the parties and the community that hosts them. Without this attitude of mind, and renewed conviction, we risk to remain within the known and practiced TRANSACTION.
But the step forward that you can do with conciliation or mediation is that the dimensional framework in which the parties are struggling to be moved one step higher. Higher than what appears on a simple observation of phenomena of reality. A scope is larger than what I have called "metacontroversiale" , meaning that it can be investigated "beyond the appearances of the dispute." With sensitive approach, psychologically sophisticated, interested in the behavioral dynamics, "facilitative" research note of that agreement that only the emergence of the profound needs below fails to bring out in a manner to appease those around the negotiating table.
3) The awareness that raising the walls, but build bridges to other professions the Institute of the Council can act as Institute for Strategic our country system, to the extent that you can change the optical observation and the relationship with the flow of time that is directly proportional, inversely proportional to the compensation becomes expected. For historical issues dating back hundreds of years, we have been trained to be a people "dispute" in which the ars Dimicandi took over on LRRD conciliandi . But now with the speed of light in which the epochal changes occurring around the globe, with the potential, still largely untapped in the professional world, Informatics and Telematics, would be a shame if we were not convinced to take generous opportunities for coping CRISIS biting at every level and that is coming to erode significant percentages of professional fees. E 'anachronistic and dangerous for the survival continue to think the old way. Today we must choose solutions that reflect the speed of change and the information we submitted every minute.
4) The firm belief that to grow and prosper in the newborn INSTITUTE MEDIACONCILIAZIONE the benefit of all citizens, with the help and intervention (voluntary) of all professionals as facilitators and negotiators of trust of their clients, benefit the whole community (through the reduction of direct costs and indirect legal conflict) should REMOTE FLOW the settlement agreements.
How? Studies using professional facilitators, facilities that already exist and can be adjusted to low-cost with a few adjustments, mainly in terms of computer facilities and computer systems and sharing of videocondivisione documentary. In this way the conciliation would be outsourced to administer than in the Centre and its physical capacity and limit yourself time to cope with the Council to serve as a tutor on the activity of two or more facilitators.
5) The poor remuneration of the conciliator must be related to the quality and quantity of professional support that you expect from him. If it was "supported" by professional negotiators of the matter in hand is at issue, paying a flat rate tariff of fees or pre-arranged with the customer, most of the work would be done by them, merely the conciliator to monitor and mentor the conduct of business negotiation restricting his movements, working also on line and being able to manage tutoring Conciliation multitasking, or at the same time from his studio. This will remove the risk that the Conciliator fixed anchor on his mental break-even-point, or the point beyond which the activity of the low fees retractable conciliator are perceived the same as no longer profitable, with deducible consequences as a result of the disaffected and little conviction in the action.
For details I refer to the section of the Pensieve and VIDEOGALLERY my site: http://www.studioboccanera.com/
Gian Marco
Boccanera
Boccanera
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