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.
Mediation is a mandatory step before filing a lawsuit in civil and commercial disputes regarding the following subjects:
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.
Mediation providers that offer services under Italian law must be registered in a special registry maintained by the Ministry of Justice.
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.
The party requesting mediation selects the mediation provider, although territorial jurisdiction criterion apply. This can be modified if all parties agree.
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:
ADDITIONAL INFORMATION
If you believe this procedure does not align with your objectives, please consider our Fast Track Mediation Rules.
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