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Atypical mediation: possibility of double commission for the mediator who has received the assignment from a single contractor

  • 04/10/2021

The Court of Cassation with the decree n. 25942 on September the 24th, 2021, confirmed that atypical mediation is not incompatible with the mediator’s right to receive the commission even from the party other than the one from which he received the assignment. As a rule, the business finder, carrying out his business in the exclusive interest of one of the parties, is entitled to the payment of the commission only in respect of the party to which he is linked by a mandate relationship. However, this approach may be waived by the parties, in fact, the procurer in the exercise of the mandate can also carry out useful activities towards the other contracting party with full awareness and acceptance by the latter. In this case, considering the concrete attitude of the relationship, the nature of the activity carried out and the agreements made, the agent is entitled to payment of the commission also in respect of the party who has not given hime the task.

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