The matters subject to mandatory mediation, in which the law (Legislative Decree No. 28 of 4 March 2010) requires disputes to be resolved without recourse to the courts, arise from the need to address the excessive number of legal disputes in Italy, which has led to significant congestion in the civil justice system due to a substantial backlog of cases. This strain on the justice system negatively affects other areas of Italy’s economic and social life, particularly foreign investment, as uncertainty regarding the timing and effectiveness of judicial proceedings often discourages entrepreneurs from investing in the country. In response to these issues, the legislator introduced civil and commercial mediation in specific matters established by law as a condition for bringing a judicial claim. This requires the parties to attempt mediation aimed at reaching a mandatory settlement before turning to a judge to seek protection of their rights. The role of the mediator is essential in the mediation process, as the mediator acts as an independent and impartial third party between the disputing parties.
Mandatory Mediation: the matters identified by the legislator as subject to mandatory mediation relate to situations that commonly arise in everyday life, such as:
-
- Condominium matters (for example, disputes concerning common areas of the building, condominium expenses, millesimal tables, etc.)
- Real property rights (for example, ownership of land or buildings, usufruct, easements, adverse possession, etc.)
- Partition (division of assets)
- Inheritance and succession matters
- Family agreements (contracts that anticipate the succession of a business owner)
- Leases and tenancy agreements
- Loan for use
- Business lease agreements
- Compensation for medical malpractice
- Compensation for defamation through the press or other means of publicity
Insurance, banking, and financial contracts (for example, current accounts, mortgages, financial investments, compound interest, usury, insurance contracts, etc.).
For all these matters of civil and commercial law, anyone wishing to bring an action before a court must first and necessarily initiate a mandatory conciliation attempt before a Mediation Body, assisted by a civil mediator.
We provide comprehensive advice and assistance for initiating mediation proceedings pursuant to Legislative Decree 28/2010 in all mandatory matters, such as condominium disputes, leases, and real property rights, among others, in collaboration with the Mediation Chamber of the Chamber of Commerce (C.C.I.A.A.) and with Mediation Bodies registered in the Register of Mediation Bodies of the Ministry of Justice under No. 55.