Italian Mediation System (Decree 28-2010)

The Italian legislator has chosen to make mediation a mandatory step before initiating legal action. As a result, the procedure has become more formalized. While this has led to a loss of some of mediation's flexibility and informality, this change is partially offset by benefits such as the strength of the agreement (which is equivalent to a court ruling).

Here is the text of the law.

Below are the key points of the reformed "Mediation in Civil and Commercial Disputes" law.

1. Pre-condition for filing a lawsuit

Mediation is a mandatory step before filing a lawsuit in civil and commercial disputes regarding the following subjects:

• Joint ownership
• Rights in rem
• Division of property
• Inheritance
• Family agreements
• Renting
• Commodatum
• Rent of business property
• Damages arising from medical and healthcare liability
• Defamation via press or other forms of advertising
• Insurance, banking, and financial contracts
• Partnerships, consortiums, franchising, work, network, supply contracts, subcontracting

In addition, the judge, considering the nature of the case, the stage of the process, and the parties' behavior, can order mediation regardless of the subject matter.

2. Accreditation of mediation providers

Mediation providers that offer services under Italian law must be registered in a special registry maintained by the Ministry of Justice.

3. Accreditation of mediators

Freelance mediation is not allowed in Italy. Mediators must be enrolled in a mediation center and trained by approved training centers, which are also registered with the Ministry of Justice.

4. Choosing the mediation provider

The party requesting mediation selects the mediation provider, although territorial jurisdiction criterion apply. This can be modified if all parties agree.

5. Legal force of the agreement

If the parties reach a settlement and the agreement is signed by both parties' lawyers, it becomes immediately enforceable, just like a court ruling.

KEY CONSIDERATIONS FOR MEDIATION

Before opting for mediation under these rules, please be aware of the following:

• Legal assistance is mandatory for disputes in the areas listed above
• The party requesting mediation must choose a provider that is competent in the relevant territory and registered with the Ministry of Justice, unless there’s a common agreement on the provider
• The mediation procedure will be conducted in Italian, and all documents (such as the mediation request and response) must be completed in Italian
• The mediator will be selected from the list provided by the chosen mediation provider. Most of our mediators are perfectly able to run a mediation in English
• If an agreement is reached, it will become immediately enforceable, provided it is signed by all lawyers of the parties involved.

ADDITIONAL INFORMATION

• Start or join a proceeding
• Rules & Fees
• Mediators' List

If you believe this procedure does not align with your objectives, please consider our Fast Track Mediation Rules.

Feel free to contact us for more info at [email protected]