NIABA News Men and Women Sharing a Common Heritage in a Chosen Profession
Total Page:16
File Type:pdf, Size:1020Kb
National Italian American Bar Association Fall 2014 NIABA News Men and women sharing a common heritage in a chosen profession BOARD OF DIRECTORS President We Can Agree and Disagree Dino Mazzone By Dino Mazzone Executive VP NIABA President P. Charles DiLorenzo Regional VPs Washington, DC. A rabid Daniel Elliott fan of House of Cards, and New England a self-diagnosed political junkie, I can tell you from Joseph Sena personal experience that the Mid Atlantic nation’s capital is simply a Paul Finizio most captivating venue – South particularly in autumn. Yet the capitol is an enigma of sorts. It Carol Ann Martinelli is home to some of the world’s Midwest best museums, incredible Damian D. Capozzola architecture, and is the seat of West power for these great United States of America. Kevin Spacey’s character in House of Cards, the ominous Frank Underwood, Treasurer derisively offers his commentary on the various politicos that swarm the capitol: “proximity Sigismondo Renda to power deludes some into thinking they wield it.” It is this side of coin – the cynicism, the Secretary disconnect, and the place where the nation appears trapped in endless debate and disagreement and Peter Balistreri which has fueled considerable discontent with Americans of all political stripes – that represents the dichotomy of Washington, DC. Historian Prof. Peter Previte Italian-American lawyers in the National Italian American Bar Association fully understand the Imm. Past President benefit of constructive debate and disagreement. Italians are understood to be expressive. Growing Frank Joseph Schiro up in Italian families, so many of us were encouraged to have and share our opinions with our parents, our siblings, our relatives, and our friends. And share we did. Those famous Sunday Directors lunches, the great big Italian weddings, the impromptu get-togethers – Italians love a good argument Louis R. Aidala (NY) and they are passionate in their beliefs. Couple this natural enthusiasm for good dialogue with the Claire Ambrosio (CA) formal training required to be a lawyer and you’ve got one helluva combination. Philip Boncore* Cirino M. Bruno (NY)* And in NIABA, while we do let our voices be heard and have had our moments of heated Lorraine Corsa (NY) conversation where differing positions have been brought before the organization, we also Francis Donnarumma (CT) understand the fundamental need to find compromise, to respect each other, and to find value in Joseph D. Frinzi (WI) opposing views. NIABA has done this successfully for more than 30 years. It is why so many of Joseph M. Gagliardo (IL) us are committed to our mission statement, to our long-term viability and, ultimately, to each Hon. Joseph Giamboi (NY)* other. And there is no greater victory than winning your argument by bettering it with the input Anthony Gianfrancesco (RI)* and effective criticism of those who were initially inclined to disagree with you. That is Sally Ann Janulevicus (MA) quintessentially Italian. Prof. Robin Paul Malloy (NY) Thomas Mazziotti (GA) NIABA will be in Washington, DC for the Fall Meeting of the Board of Directors of our James Michalski (CA) organization, to take place from October 23 to 26, 2014. A full itinerary of our events is available at Raymond A. Pacia (RI)* www.niaba.org. We invite you to join us for lively conversation and a glass of wine. And while we John C. Sciaccotta (IL) may, at some point in our discussion, disagree, I can assure you that the experience will never be Daniel J. Stallone (FL) disagreeable. Ci vediamo!! Hon. Paul Victor (NY) *Past president NIABA Members Hit the Sand in Fort Lauderdale NIABA held its Spring Meeting of the Board of Directors of the organization from May 15-18, 2014 in Fort Lauderdale, Florida. The weekend was an incredible success and included "NIABA Day" as formally recognized by Florida's Broward County Commissioner Chip LaMarca. The meeting's phenomenal success was due, in large part, to the amazing efforts of NIABA Board member and Florida attorney Paul Finizio. Paul was a fantastic host and treated us to a wonderful weekend. Grazie Paul! NIABA News • Fall 2014 • page 2 NIABA News • Fall 2014 • page 3 The Italian “Mediation Explosion” Will Mandatory Mediation Work? By Clara Flebus, Esq. can be generally beneficial, In 2009, the Italian Parliament caused a quick proliferation of even if mandated. Mediated delegated legislative power mediation centers throughout In recent years, mediation has cases have a higher rate of to the Government – the the country. Indeed, the become widely acknowledged settlement than cases that Italian executive branch – to number of the centers grew as an effective method of from 37 in 2008, to 843 resolving disputes. Not only is in April 2012. Mediation mediation faster and cheaper proceedings also experienced than litigation, but it enables an unprecedented boom. parties to a dispute to find More than 90,000 requests for creative solutions that could mediation were filed between not be achieved in court. March 2011 and March 2012. Mediation is also viewed as However, the number of the an efficient way to relieve mediations actually carried out trial court docket congestion. was smaller, since there was Domestic courts in many no obligation for the defendant jurisdictions, for example to attend the process. By the New York, have the power end of October 2012, over to refer cases to mediation, 130,000 disputes had gone irrespective of the parties’ were never sent to mediation, prepare a new mediation through the mediation process. consent. Following this trend, and there is a greater rate of law implementing the EU About 50% of those cases Italy completely overhauled compliance for judgments Directive. The Government were successfully mediated. its mediation law in 2010, in achieved through mediation fulfilled that mandate by hopes of reducing a whopping than for judgments resulting issuing Legislative Decree Push Back By the Italian Bar 5.4 million national backlog of from litigation. In Italy, the no. 28 of March 4, 2010, The mediation reform court cases and shortening the effectiveness of mandatory which went beyond voluntary sparked a heated debate average eight-year duration of mediation will be evaluated mediation and provided among members of the public civil and commercial matters. during a four-year period that for mandatory pre-trial and lawyers. The business While the new law was held began in September 2013. mediation in a variety of community reacted positively unconstitutional and quickly civil and commercial cases, to mandatory mediation, replaced by a modified but The Mediation Reform including: condominium; viewing it as a way to reduce similar statute, the reform By way of background, the property; inheritance; family the risk of getting mired in has caused an explosion European Union issued a agreements; tenancy; loans; lengthy litigation. Supporters of mediation proceedings Directive on mediation in business leases; damages of the mediation law argued throughout the country. 2008, for the purpose of for medical malpractice; that notorious delays in Italian promoting and facilitating defamation; automobile civil proceedings cost the The current Italian mediation access to mediation of cross- accidents; and insurance, country approximately 16 law provides for mandatory border disputes in its Member banking and financing billion Euro, and contributed mediation. The concept that States. Among other things, agreements. The decree to Italy’s drop to 158th parties may be compelled the EU Directive provided that defined mediation as a process ranking in the World Bank to mediation, either by the each State enact legislation guided by a neutral and Doing Business Report. By court or as a pre-condition giving judges the right to impartial third party, aimed at contrast, the law was strongly to bringing a lawsuit, is invite parties to engage in resolving a dispute by reaching opposed by members of the controversial because it mediation at any stage of civil an agreement between the legal profession, who saw it appears to undermine the and commercial proceedings, parties. It also provided that as a potential threat to their basic principles of the if deemed appropriate. mediation must take place in livelihood. Italy’s national mediation process, that is, self- Although the EU Directive professional and independent lawyers union, the “Organismo determination, voluntariness, addressed only cross-border mediation centers that are Unitario Avvocatura,” called and collaboration in finding disputes, it did not prevent listed on a roster maintained for a national five-day strike in creative ways of resolving a Member States from applying and controlled by the Italian March 2011. The union asked dispute by addressing each its provisions to mediation Ministry of Justice. lawyers across the country not party’s underlying concerns. in the context of domestic to appear in court for any civil, Nonetheless, empirical litigation. The mandatory mediation criminal, tax, or administrative studies show that mediation provisions of the Italian decree proceeding, and to send letters Continued on next page NIABA News • Fall 2014 • page 4 Mediation continued from page 4 to their clients asking them to new statute, entitled “Urgent party rejects the proposal, or public policy. In addition, sign a petition protesting the Measures to Stimulate the the attempt to mediate is lawyers must draft and sign new law. A country-wide strike Economy,” became effective deemed to have failed and the minutes of