Beyond Judgements. Toward solutions
The Italian legislator chose to transform mediation in a first step before legal action, the procedure has been therefore quite formalized.
Mediation lost much of its flexibility and informality even if this loss was partially compensate by some benefits such as the possibility to go through a first meeting, almost free of charge for the parties, in order to discuss the concrete possibility to resolve the issue with mediation together with a professional mediator and also the strength of the agreement, which is equivalent to a court ruling.
Hereinafter, the main points of the reformed "mediation in civil and commercial disputes" law:
A first informative meeting with a mediator is a mandatory step before starting a lawsuit in civil and commercial disputes regarding the following subjects:
Furthermore, the judge - taking into consideration the nature of the proceedings, the phase of the process and the behavior of the parties - can also order the recourse to mediation irrespective of the subject matter.
Mediation providers which can offer their services under the Italian mediation law specifications have to be enrolled at a special registry at the Ministry of Justice.
There is no "free-lance" mediation in Italy. A mediator has to be enrolled at a mediation centre in order to perform mediations and has to be trained by approved mediation training centres, also enrolled at the Ministry of Justice.
Parties choose the mediation provider, even though there is a territorial competence criteria - disposable by agreement of all the parties involved.
If the parties settle the dispute and the agreement is signed also by their lawyers, it becomes immediately enforceable, like a court decision.
• Legal assistance is mandatory if the dispute falls in one of the subject matters listed above;
• The proponent should choose a mediation provider which is competent by territory and enrolled at the special registry of the Italian Ministry of Justice;
• The procedure will be carried out in Italian (and all the documents such as the mediation request/mediation reply should filled out in Italian) ;
• The mediator will be picked in the list of the mediation provider selected by the proponent;
• Should you reach an agreement, this can become an immediately enforceable title whether signed by the lawyers too.
Should you deem this kind of procedure not matching your goals, then go to our Fast Track Mediation Rules