Experience Qualification Path
Category 1: CIArb (CIArb Mediation Fellow)
Mediation Locations
Italy
Mediation languages
English
French
Italian
Current position and background
Giovanni De Berti is founding partner of De Berti Jacchia Franchini Forlani, with offices in Via San Paolo 7, 20121 Milan, Italy, Tel. +39 02 725541, Fax +39 02 72554700, Email: g.deberti@dejalex.com, Website: www.dejalex.com.
He read law at Milan State University (LL.D., cum laude, 1962) and at the Council of Legal Education, London (1967 / 1969).
He is an Avvocato, admitted to the Italian Bar (1965) and to the Italian Supreme Court (1979), and a Barrister-at-law (Gray’s Inn) in England and Wales, called 1970 (non-practising).
Admitted to practice to the Italian Bar since 1963. From 1963 to 1965 trainee at Prof. Cesare Grassetti Law Firm, Milan; from 1965 to 1967 associate at Heimann Law Firm, Milan and London; from 1969 to 1975 associate and then partner at Graziadei Law Firm, Milan and Rome; since 1975 partner at De Berti Jacchia Law Firm, Milan, Rome (1983), Brussels (1990) and Moscow (1995).
His professional practice has been devoted to commercial and corporate matters, contract drafting, mergers and acquisitions, stock purchase agreements, joint ventures, leasing, purchasing and selling of goods, supply of services, agency and distribution, construction, media and entertainment, product liability, as well as litigation, arbitration and mediation in these and other subjects.
Main mediation practice areas
Giovanni De Berti has been practising mediation mainly with regard to disputes concerning building and construction contracts, contracts for supply of goods, machinery and technology, follow up of mergers and acquisitions, as well as disputes between business and consumers
Mediation experience
Since 2002, Giovanni De Berti has been acting as mediator and attorney in institutional and ad hoc mediation proceedings.
Recent mediation appointments include:
• mediator, upon request by both parties, in an institutional arbitration where he was acting as sole arbitrator (arb-med), in a dispute for breach of a construction contract for a chemical plant (2009 - € 3,000,000)
• mediator in a dispute relating to subcontract for supply of boiler pumps (2008 - € 2,500,000)
• counsel in mediation proceedings on a dispute between a multinational television producer and an Italian associate producer relating to the production of a television format (2008)
• mediator and then sole arbitrator (med-arb) in a dispute between a multinational industrial group and a national automobile club relating to the performance of a contract for the supply of a new EDP system of client management (2007 - € 4,200,000)
• mediator in a post-acquisition dispute between a multinational industrial group and a leading engineering group (2006 - € 2,500,000)
• mediator in various disputes between telecommunication companies and corporations or consumers relating to supply of telecommunication services (2002-2006)
• mediator in a dispute between a city council and an environmental agency in relation to the construction of, and amendments to, a long-term contract for the management of the city water system (2005 - € 6,000,000)
• counsel in mediation proceedings at the Italy–China Business Mediation Centre in a dispute between an Italian supplier and a Chinese purchaser of chemical products (2005)
• counsel to a Japanese car manufacturer in mediation proceedings in a product liability dispute, instructed after the negative outcome of the first instance judgment (2005)
Description of mediation style
Giovanni De Berti is a facilitator. He believes in helping the parties to be open to each other, to see the dispute as a common problem to be solved together and to cooperate in this solution. He does not expect the parties to become selfless, self-denying or generous towards each other just because of his ability, rather to understand that it is easier to find a solution if one puts oneself in the other party's position. Mutual friendliness is not required, even less cordiality, rather good faith, civil behaviour and an open mind.
He believes that the parties must feel that the mediator is really involved in what he is doing, that he is not performing a role without really caring for the parties, their needs or feelings. This should not be limited to the normal time of the meetings: he nearly always 'phones the parties (usually their attorneys) (a) between meetings, ostensibly to enquire whether homework is being performed, actually to make them feel that he is keen to know that matters are progressing and to help if need be; (b) after a successful conclusion of the mediation, to make sure that the settlement has been performed; (c) after an unsuccessful mediation, to enquire whether the parties are still negotiating, offering to resume mediation if either party would wish to try again (but maybe is loth to take the initiative) and generally to show that he was and is truly concerned with the solution of the dispute. He wants to transmit the feeling that mediation is an attitude of the mind, not a cold professional technique.
He is happy when he can - as he usually does - make the attorneys share this attitude. Admittedly this is less easy with the parties, but attorneys can be a real support to the mediator's efforts. The mediator had the feeling, in many occasions, that the attorneys were happy to have somebody who would make their clients understand the reality of their position in a way that was somewhat impossible for them.
Code of professional conduct
IMI Code of Professional Conduct
ICDR Code of Conduct
CIArb Code of Ethics
Union Internationale des Avocats' World Forum of Mediation Centres Code of Ethics
Rules of Behaviour for Mediators of the Chamber of Arbitration of Milan
Complaint process
IMI Professional Conduct Assessment Process
Professional indemnity insurance
Giovanni De Berti is covered by the professional liability indemnity insurance of his law firm with Allianz Ras, maximum coverage 7.5 million Euro
Feedback Digest
Reviewer: Mr. Conway Shawn ( conway@conway-partners.com )
Latest Update: 2009-09-24 07:23:13

REVIEWER: Shawn C. Conway, IMI Certified Mediator

This Feedback Digest has been prepared in accordance with the IMI Guidelines, based on feedback from 11 participants in 6 mediations (over the past 5 years)

The feedback reflected in this Digest includes mediations conducted under the the mediation schemes of a number of the above-mentioned organizations. Among other things, the disputes related to commercial contracts, investment, construction projects, and leases.

Mr. de Berti’s mediation skills are rated uniformly high, averaging above 4.5 on a scale of 1 (low) to 5 (high). All the respondents indicate a very high likelihood to use Mr de Berti again if the need arises. They also without exception would recommend him as a mediator to others. Those responding on the question whether his skills made a decisive difference in the outcome mention his ability to help parties communicate with and understand each other better. His ability to quickly identify the hub of a matter is also complimented.

Most of the disputes to which the feedback relate were successfully resolved within the mediation. Of the two cases which did not settle in the mediation, one respondent noted that the mediation did help the parties to end up reaching a settlement several months later. The other was also resolved, but in a subsequent adjudication procedure in which Mr. de Berti served as adjudicator at the parties’request. Perhaps due to all but one of the respondents providing feedback being lawyers for the parties to the mediation, many had prior experience with mediation. In all of the cases, a high degree of satisfaction with the process was expressed.

No reportable negative comments have arisen.

Rotterdam, July 27th, 2009
Shawn C. Conway

Professional affiliations
Giovanni De Berti is an Accredited Mediator with:
Centre for Effective Dispute Resolution (CEDR)
Chamber of Arbitration of Milan
Chartered Institute of Arbitrators, Fellow
China Center for the Promotion of International Trade / China Chamber of International Commerce (CCPIT/CCOIC) Mediation Center
International Centre for Dispute Resolution (ICDR)
Italy-China International Business Mediation Centre, Milan and Beijing
Milan Bar Mediation Institution
Fee rate
Basic daily fee (up to eight hours mediation meeting), including reasonable time devoted to examination of documents, preparation for meetings, phone calls, research, administrative paperwork, Euro 2,500; additional hours, Euro 350/h; plus travelling expenses outside Milan and Value Added Tax when applicable.
Flat fees may be agreed.
Fees and expenses are usually anticipated by and split between the parties.
Contact details for references/recommendations
Nicola Giudice, Director of the Mediation Service of the Chamber of Arbitration of Milan, tel. +39 02 8515 4578, fax +39 02 8515 4577, email giudice@mi.camcom.it
Mediation education and training
Giovanni De Berti is constantly updating his preparation and skills by attending continuing professional education events, reading and studying books, articles and case law on mediation, with special emphasis on cross-cultural aspects. Activities of continuing education in international mediation include:
• International Mediation Interest Group, Geneva, 1 September 2008
• World Forum of Mediation Centres, Milan, 28-29 March, 2008
• International Mediation Interest Group, Geneva, 3 September 2007
• World Forum Mediation Centres, New York, 6-7 July 2007
• Australasia Forum for International Arbitration (AFIA), 13th Symposium, Hong Kong, 8 March, 2007
• L’emotività nella conciliazione (Emotions in Mediation), Chamber Arbitration Milan, November 2006
• World Forum Mediation Centres, Dublin, 8-9 September 2006
• International Mediation Interest Group, Geneva, 4 September 2006
• Teoria e pratica della conciliazione in material societaria (Theory and Practice of Corporate Mediation), Training Course, Chamber Arbitration Milan, March 2006
• European Mediation Congress, CEDR, London, 7 November 2005
• Training Course for Mediators, Italy-China International Business Mediation Centre, Chamber Arbitration Milan, November 2005
• World Forum of Mediation Centres, Amsterdam, 4-5 March 2005
• World Forum of Mediation Centres, Paris, 4-5 June 2004
• Mediation Practice – Experience and Perspectives of Evaluative and Equitable Mediation, Chamber Arbitration Milan, 18 December, 2003
• European Mediation Congress, CEDR, London, 20 November 2003
• World Forum Mediation Centres, Milan, 24-25 January 2003
• World Forum Mediation Centres, Hong Kong, 1-2 April 2002
• Mediator Skills Training, CEDR, August 2002
• Conciliazione/Mediazione – Tecniche fondamentali (Mediation - Fundamental Skills), Chamber Arbitration Milan, November-December, 2001
• World Forum of Mediation Centres, Geneva, 16-17 November 2001
• Mediation, Justice et Entreprise
Mediation teaching and mentoring
Giovanni De Berti is regularly sharing and contributing his knowledge and experience in domestic and international training events. He has a number of professional affiliations and is founding member and Vice President of InMedia, an association for the promotion of mediation.
Recent speaking and teaching engagements include:
• Avvocati e giudici nella conciliazione (Lawers and Judges in Mediation), Milan Bar Mediation Institution, 23 April, 7 and 22 May 2009
• Why to Choose Mediation, Chartered Institute of Arbitrators European Branch, Spring Meeting, Milan, 21 March, 2009
• The Use and Abuse of the Caucus and other Mediators’ Tricks, and Does the Future belong to Court-annexed or Court-connected Mediation, World Forum of Mediation Centres, Lausanne, 31 January, 2009
• Il ruolo dei difensori delle parti nella conciliazione (Role of Party Counsels in Mediation), European Court of Arbitration, Milan, 18 November 2008
• The view from civil law jurisdictions - Varied experiences and moving targets, CIArb Mediation Symposium, London, 24 September, 2008
• Arbitrato e conciliazione: due modi di risolvere le controversie, anche rotariane (Arbitration and Mediation: two ways of Resolving Disputes, including Rotarian ones), Rotary Club Milan North West, Milan, 11 September 2008
• Court Referred Mediation on the Continent, 5th Annual Mediation Seminar, CIArb London Branch, London, 2 July, 2008
• Risoluzione delle controversie – Italia e Cina scelgono le vie alternative (Dispute resolution – Italy and China choose alternative means), Le Fonti Publisher, Milan, 18 June, 2008
• Mediator, Mock Mediation, Mediation Training Course, Milan Bar Mediation Institution, 6 June, 2008
• International Dispute Resolution, Workshop in “Legal Aspects of Doing Business with China”, UIA – ACLA Seminar, Milan, 12 April, 20
Mediation publications
Recent publications include:
Contributions for Arbitration, Italy to the Newsletter of the International Law Office, in http://www.internationallawoffice.com, namely:
New Law on Implementing EU Mediation Directive, July 2009
Milan Chamber of Arbitration Expands International and Online Mediation Services, January 2009
Surveys Reveal Further Spread of Arbitration and Mediation, June 2008
The Growth of Mediation, July 2006
Italy-China Mediation Centre Opens in Milan, February 2006

The European Draft Directive on Mediation, Juriste International, 2005-2, p. 53
Arbitration and Mediation in Italy, in The Metropolitan Corporate Counsel, August 2002

 

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