The ‘to do’ law decree and the return of compulsory mediation

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The crosstalk among institutions, law society and trade associations on civil and commercial mediation, and in particular on the compulsory mediation attempt, deserves the interest of legal professionals and of anyone interested in justice.

Let’s briefly recall the phases of this case, started with European Union directive 2008/52/EC, which imposed on member states the introduction of mediation procedures for cross-border disputes. Italy, constantly engaged in the reform of its frozen legal system, seized the opportunity. In 2009, the Italian Parliament delegated the government to introduce an organic regulation of civil and commercial mediation also for domestic disputes that provided a series of guarantees for the protection of citizens’ rights and ensured the quality and professionalism of the bodies providing mediation services.

The government issued the regulation on mediation by legislative decree 28/2010 (providing enforceability of mediation agreements, confidentiality of the process, training of mediators and suspension of forfeiture of rights). In order to show its intention to intervene on the judicial backlog, it further provided that in a wide list of cases the parties were compelled to submit the dispute to a mediator, failing which legal action could not be taken. It was initially reckoned that these sectors generated about one million new proceedings per year…

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