Status: WMO Continental Advisor
Name: Mario Appiano, PhD
Entry Date: 01/06/2014
City / Country: Torino, Italy
Field of Expertise: I am a mediator with a deep practice in the domain of successions, bank, commercial and real estate disputes. I further work as a trainer for mediation and as a lawyer admitted to Italian bar from 1993 and to plead in front of Italian Court in Italy from 2007. I own a Ph.D. in European Law and a Master on China Law. In the past, I acted as a mediator and arbitrator at CONSOB (Italian authority responsible for regulating the Italian financial markets). My academic career led me to the position of Professor at IUSTO, Istituto Universitario Salesiano, Torino. I am the author of several books and articles on mediation and on other different subject about European Union law (principally on competition, pharmaceutical, wine and public law) and Italian real estate law. In 2012, I attended a NLP Master Trainer course at the NLP-University, Santa Crux, California, U.S.A.
Former “pro-bono” lawyer in front of TAS-CAS (Court of Arbitration for Sports) Ad Hoc Panel for 2006 Olympic winter games in Turin.
VISION: A new human society is now emerging in the world, more and more complex and interconnected, based on communication and sharing. In this extraordinary and revolutionary context, recognition and mutual understanding are essential for any type of relationship: on this basis, it becomes possible to prevent conflicts or, when they arise, address them and solve them properly. Every interpersonal relationship – familial, economic, social, political, … – must now be designed with a systemic perspective: it implies that each human conflict is able to affect the lives of the people involved and their surrounding environment, exercising implications far superior to the ones that seem the misleading terms of the specific tight affair. It’s time that we mind to what all we are really interested in: stop using the archaic concept of “winners and losers“, the deficiency of which is shown by our destructive secular history.
MISSION: Help people to design and build personal and economic relationships adequately to new modes of this millennium, in order to grasp opportunities. Facilitate mutual understanding of individuals participating in a negotiation, both for the conclusion of a new contract, both for the settlement of a dispute. Assist in negotiations, so that customers have not only an indispensable technical or legal advice, but they are also able to interact in a constructive way. Deal with any conflict in a systemic way, so that parties identify the optimal solution, and that is what really interests them. Mediate civil and commercial disputes with this approach, in order to give parties the opportunity to overcome the sterile positions (usually false) principle and negotiation position, so as to resolve disputes consensually in a helpful and effective. Teach and divulgate mediation. Promote the spread of a new culture, based on the integration of listening and communicating with the traditional legal disciplines, not the vulgar deceit of the victory at the expense of everything.
VALUES: Mediate and negotiate in all circumstances, as well as having adequate capabilities. Mediation as a source of real opportunities for the parties involved in a dispute, considering it as the best instrument for the settlement of the dispute.
Listening. Frank and thorough discussion of individual cases and presenting the negotiation as preferred way to solve any conflict, whenever this is feasible. Open to any negotiation, provided that serious and honest. Commitment to negotiate – with full transparency and, possibly, in the presence of customers and their counterparts – however, considering the appeal to the courts as a last resort, they will use only for situations in which the conflict is really pathological. Total rejection of the deplorable approach “as long as (a cause) hangs, makes”. Examination of the cost / benefit ratio for the client before accepting any case.
Observance of the “European Code for Mediators“, WMO ethic code and the ethics of Italian lawyers, when applicable, respectively.
My professional vision as WMO Mediator and Fellow: The mediator must always be aware that he is working not with simple individuals, but with individuals embedded in a “complex system”. To act effectively, the mediator must be able to provide the parties with a suitable environment, where they are given the opportunity to draw closer and begin to cooperate. The same results of mediation are themselves elastic, since the content of any agreement (which is still a success) can be reduced only so much to some specific aspects of the conflict as a solution globally. The mediator’s role is so central, but not absorbent , as equally important is that done by the other parties involved in the conflict (the so-called “stakeholders”), who can physically sit around the mediation table or can conditioning the negotiation from the outside. The influence of the mediator depends mainly on the quality of the relationship that is able to establish with parties. Neuro-linguistic programming techniques (NLP) are very important tools for his/her work, giving the mediator the power to communicate adequately with parties and to help them in recognizing the blocks that prevent from proceeding in their negotiated settlement of the dispute . Nevertheless, the mediator must avoid any abuse, which ultimately would also be useless. Any his intervention on parties represents nothing more than placing an input in the dispute “ complex system” , whose evolution is unpredictable and can’t be controlled in the long term. As a result , the use of NLP techniques may be appropriate, if the mediator tries to get the parties a short-term outcome, but useless when aimed at achieving an effect on a longer time scale in the negotiation.
Articles of Mario Appiano: … coming soon …