For more information send us a request: e.grande@tpblex.it - +39 011 8141448
INFO & CONTACTS
ENRICO GRANDE
ENRICO GRANDE
ENRICO GRANDE
Law Firm
Law Firm
Law Firm
Piazza Camillo Benso di Cavour, 3
10123 Torino
+39 011 8141448
e.grande@tpblex.it
Piazza Camillo Benso di Cavour, 3
10123 Torino
+39 011 8141448
e.grande@tpblex.it
I assist my client by choosing the best way to solve his problem, placing his person, his needs and his interests at the center of my professional proposal to find tailored and sustainable solutions together.
My work tools
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@ All Right Reserved 2025 - Website created by Flazio Experience
@ All Right Reserved 2025 - Website created by Flazio Experience
The effects that a family conflict has on children or ourselves are not the consequence of the conflict itself but rather of the way we manage it.
The way we decide to tackle a problem directly affects the solutions. If we find the right means and method to approach a problem, then the result will be certain.
Alternative paths to judgment have better chances of developing communication and decision-making skills, especially in the interest of the children. These methods require an investment of time and resources that is overall lower compared to judicial approaches and, above all, provide greater benefits in terms of effective solutions for the future.
1. Collaborative Practice
“The moment people start talking about their needs rather than what's wrong with others, the more likely they are to find ways to meet everyone's needs.”
Marshall B. Rosenberg
What is it?
Collaborative Practice is a magnificent opportunity to face and resolve family conflicts ( and not only ), even the most heated ones, outside the winners / losers logic, away from imposed or suffered solutions, relying on interdisciplinary professionals adequately trained to create a facilitating climate that puts the people involved in the conflict and their most authentic needs at the center of the scene..
Why?
In a dispute the customer often wants to be told that they are right. And he is certainly right, from his point of view. This, however, does not help him in the least to resolve the dispute satisfactorily from a practical point of view, because the other party opposes and fights and with such force as to require an intense expenditure of resources, including monetary, to counter and hope to win. Fighting or being assertive are not the same thing : one can give up fighting without losing any rights, one cannot give up being assertive except by losing something.
The way lawyers like me, or collaborative professionals, see things is not to use categories like "who is wrong/who is right," "who is in the right/who is in the wrong," but rather to maintain the right clarity that allows us to understand the real needs of the client and their interests, to take a look at the other parties, and, with teamwork, to get to the heart of the problems and make every possible solution efficient and lasting, with the satisfaction of all parties involved. By giving up the insistence on obtaining justice, the client can have adequate satisfaction and win, but not over the other party, rather in relation to the objectives they really want to achieve.
How does Collaborative Practice work?
The parties who are directly involved in the negotiation are at the center of the scene with the help of their respective lawyers and also, an element that characterizes this method of negotiation, some neutral experts , such as a facilitator and/or a financial expert and/or a developmental age expert). All of these professionals have received specific training in this method .
The collaborative process begins with a written commitment by the parties to undertake a path in good faith with loyalty, transparency and confidentiality aimed at resolving the conflict. The process unfolds through very specific and tested stages and ends with an agreement between the parties.
For further information, I recommend consulting the websites of AIADC-Italian Association of Collaborative Professionals ( www.praticacollaborativa.it) and of IACP-International Academy of Collaborative Professionals ( www.collaborativepractice.com ).
Advantages.
If you decide to take this opportunity, the time and overall costs of a separation or divorce (for example) can be drastically reduced to the advantage of more effective and lasting solutions .
2. Mediation
Mediation is the process in which the parties negotiate an agreement with the help of a neutral third party formed ad hoc to facilitate confrontation and dialogue between the parties, according to methods different from those they would use if they were alone or were in Court.
My approach
The methods of intervention vary according to the approach adopted by the mediator.
Since I am also a counselor who is faithful to the teachings of Carl Rogers, it was natural for me to be trained and inspired by the "transformative" approach, in which people are placed at the center of the scene and remain the protagonists of their own choices because no one will be able to know and solve the problems of a family better than those directly involved can do it. They just need to be helped to develop their own skills and potential to manage disputes, better understanding their own reasons and the reasons of the other so as to transform the way they manage the conflict.
With this work tool (as well as, for example, with the Collaborative Practice ), the parties maintain the freedom to self-determine themselves, without having the solution of their problems imposed by an extraneous third party (such as a judge or an arbitrator).
My approach is therefore a non-directive approach aimed at allowing the parties involved to develop a greater awareness of the situation in which they find themselves and to improve personal interaction.
My training (lawyer and counselor) allows me to offer help both with skills aimed at improving interactions between the parties, and with strictly technical-legal skills aimed at transforming ideas, requests and agreements into technical solutions.
When it is useful, I propose the participation in the procedure of an additional facilitator, often with financial or psychological training (www.bassinoegrande.it), in order to offer other and more specific skills, it being understood that in mediation (as much as in Collaborative Practice or in other forms of alternative dispute resolution ) no "therapeutic" type of activity is ever carried out.
Mediation in civil and commercial matters.
In mediation in civil and commercial (non-family) matters that I carry out as mediator of the Mediation Body of the Turin Bar Association, according to the rules established by law and by this body, I practice the mediation activity also using techniques typical of the solution of conflicts based on the needs and interests of the parties, with problem solving methods, always careful to try to settle disputes and find a connection between the parties.
Duration and benefits.
The duration of mediation depends on the complexity of each person's personal, sentimental and financial situations. As with other dispute resolution tools outside the Court, the times and overall costs of the work performed are generally lower than those typical of a judicial choice, while the effectiveness of the agreed solutions over time is certainly more solid.
3. Negotiation based on interests
" What You see depens on your point of view. To see your point of view you have to change point of view "
Marianella Scalvi
Like conflict, negotiation is a fact of life. We negotiate every day on the most disparate things, even to resolve a conflict and reach an agreement with people with different ideas and interests (sometimes conflicting and sometimes similar to ours). Even in Court, to find an agreement before the sentence, before someone decides for us.
Like conflict, negotiation is a fact of life. We negotiate every day on the most disparate things, even to resolve a conflict and reach an agreement with people with different ideas and interests (sometimes conflicting and sometimes similar to ours). Even in Court, to find an agreement before the sentence, before someone decides for us.
The way you negotiate is crucial. My approach is the one developed at Harvard University since 1970s. It is the so-called "negotiation on the merits". A third way to "hard" or "soft" negotiations.
It is a negotiation based on interests, on the expression of human needs that underlie and motivate the requests of the parties, rather than the mere requests themselves ("positions").
It involves techniques and approaches that are very different from the "positional" negotiation in which one works at the "pull of the rope" to obtain the number, the result one has in mind, generating a winner and a loser. In negotiation on the merits, one negotiates with the other parties without considering them as adversaries (recognizing that they have a different point of view from ours but a common problem to solve), trying to understand everyone's interests (understanding interests does not mean sharing them) in so as to generate as many possible solutions and choose the most efficient one, also using objective criteria.
Positional negotiation is easy, because it does not require any specific preparation, anyone can do it. Interest-based merit negotiation requires preparation, commitment, inventiveness, creativity, listening skills. It can generate much more efficient, satisfying and lasting results for the parties involved.
The method is the basis of Collaborative Practice, even if in the latter work tool it has been further refined to make it more effective, thanks to the sharing of values and rules by all the professionals qualified to use it (with common and mandatory training) .
4. Assisted Negotiation
Assisted negotiation is a type of negotiation expressly provided for by Italian law. Thanks to this regulation parties agree to cooperate in good faith and loyalty to resolve a dispute amicably, assisted by one or more lawyers - the assistance of a lawyer for each part is mandatory in cases of separation or divorce - (is a type of negotiation expressly provided for by Italian legislation (Law: DL n. 132, subsequently converted with amendments by Law 10.11.2014 n. 162, further amended by Law 206/2021).
Recently, assisted negotiation has been extended (among others) to cases of children born outside marriage and to cases of modification of conditions already setteld (in court or out of court).
The process of the procedure is very simple and largely left to the autonomy of the parties, as is the choice of the negotiation style, which can be competitive, distributive, cooperative or collaborative. In essence, it is a "container" where many of the most advanced and refined techniques and tools that have been discussed in the previous paragraphs can be brought together.
Personally, I carry out assisted negotiation based on the principles of negotiation based on interests (the so-called negotiation of merits or principles), which, in my experience, becomes easier and more effective with colleagues used to speaking the "same language" because trained in this method or in the Collaborative Practice (which contemplates further and more meaningful rules aimed at making the negotiation of merit even safer and more effective).
5. Judicial activity
When is it needed?
Sometimes, even against our will, we find ourselves forced to defend our rights in court.
This can happen when all the legal negotiations have not been successful or turn out to be an approach that is not viable or not possible, because maybe we are sued by someone who wants a judge to accept only his point of view, agree with him and blames the other party, in doing so often motivated by a desire to implement some type of revenge or in any case to achieve one's own ends
Or when our children or ourselves are victims of abuse, threats, violence or we feel in any case in danger, or so humiliated that we are unable to claim our rights .What happens?
In such cases, a judge will decide on the personal matters of the parties and, usually, as any judge could confirm, no one will emerge victorious from a judgment, even less the children.
However prepared and attentive the judges may be, the judicial system (whose existence is essential in guaranteeing a solution to disputes such as those mentioned above) will never be able to fully understand the people involved in the proceedings, their real needs and interests.
The only solution reached will be based on testimony, tax documents and any other circumstance useful for defining a solution based on the "law": the requests of those who are "right" according to law will be accepted and the requests of those who are “wrong” (always according to the right). And no one can guarantee that the applications presented in court will be accepted.
The recourse to the judicial decision, sometimes absolutely necessary, hardly improves the serious problems of communication and relationship between the parties. Here the conflict often feeds on itself, above all to the detriment of the happiness of the children (as well as the parents).
My approach
My way of dealing with the judicial process is based on many of the values expressed in the paragraph " my way of working ".
In my experience, these values (experience and competence, ability to welcome and listen, balance and responsability, tailored-made approach, creativity, collaboration, vision) make the difference even in a judicial context, where also judges do not appreciate rancorous, specious quarrel, with exaspereted tones, often a source of further suffering for the parties and their children.
Where ther is just a glimmer of possibility and when this is useful, I work to ensure that the people involved in the proceedings resume dialogue and, above all, the power to self-determination, reappropriating decisions about their own future, so as not to live them in the hands of third parties. This, always if is possible, with the collaboration of the judges and the counterparts and colleagues.
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My goal is to achieve yours
Discover the services and contact us for an in-depth meeting and sharing. I will be happy to listen to you actively.