Fonte: Dalla pagina FB NON SOLO SENTENZE, la Mediazione e dintorni del dr. Massimo Moriconi, Giudice del Tribunale di Roma
“MASSIME (seguiranno motivazioni)
Tribunale di Roma Sez.XIII° sentenza 23.2.2017 RG 17051/12 Giudice Moriconi
mediazione demandata – mancata partecipazione della casa di cura convenuta – giustificazioni attinenti al merito della controversia – ingiustificato motivo dell’assenza
ingiustificata mancata partecipazione al procedimento di mediazione demandata – sanzioni –
condanna al pagamento di una somma pari al contributo unificato dovuto per il giudizio
ingiustificata mancata partecipazione al procedimento di mediazione demandata – argomento di prova integrativo a carico della parte renitente
ingiustificata mancata partecipazione al procedimento di mediazione demandata –
inottemperanza volontaria all’ordine del giudice – condanna ex art. 96 III° cpc
assicurazione – responsabilità medica – prevista retroattività della garanzia – efficacia della garanzia condizionata all’assenza della possibilità di sospettare la sussistenza di una condotta generatrice di possibile istanza risarcitoria – nullità
Tribunale di Roma Sez.XIII° sentenza 23.2.2017 RG 67163-11 Giudice Moriconi
mediazione demandata dal giudice – necessità dell’effettività della mediazione –
insufficienza del mero incontro informativo, salva la presenza di oggettive ragioni che impediscono lo svolgimento della mediazione
necessità per la parte l’istante che intenda svolgere effettivamente la mediazione demandata, non fermandosi all’incontro informativo, e ciò a differenza della parte antagonista che non intenda procedere, di dichiararlo e farlo verbalizzare dal mediatore, distinguendo in tale modo la sua posizione da quella della parte renitente.
mancato svolgimento della mediazione per ingiustificabile renitenza della controparte – avvenuta verbalizzazione della diversa posizione dell’istante/attore che intendeva procedervi- procedibilità della domanda
mancato svolgimento della mediazione per ingiustificata renitenza della controparte – verbalizzazione della diversa posizione dell’istante/attore che avrebbe inteso procedervi- procedibilità – applicazione a carico della parte renitente dell’art. 8 del decr.legs.28/2010 oltre, ricorrendone i presupposti, dell’art.96 co.III° cpc.”
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