Question: What is the Italian Mediation?
Answer: Italian Mediation is an alternative dispute resolution process to resolve conflicts out of Court. It was established in Italy in an attempt to address the severe backlog of cases in the Italian Court system and expedite the time required to issue Court decisions. Nationally, the Italian Court system is chronically understaffed and struggles to handle the volume disputes that are filed. The average time to obtain a court judgment is more than two years.
To rectify this crisis, since 2013, the law requires that, for disputes in some areas of law, the claimant must try to resolve the issue through mediation prior to filing a claim in Court.
Mediators are not necessarily lawyers. However, they have to have a university degree, must be members of a professional association and must have attended special training (minimum 50 hours).
Role of Italian Mediators
The mediator helps the parties negotiate a solution to achieve an amicable settlement outside of the Court system. Settling a matter through a mediator saves a significant amount of time for all parties and typically results in money being saved as well. All involved parties have a legal obligation to participate to the mediation process and to cooperate in good faith to achieve a settlement. If the parties are unable to reach an agreement during mediation, the mediator issues a certificate of “negative result”. At that point, the parties can bring the case to Court for a trial.
Consequences of not cooperating in an Italian Mediation
If one of the parties does not cooperate in good faith and the case is then taken to Court, the judge can penalize that party, for example by imposing punitive damages and/or rejecting legal cost refund claim even if that party wins the merit of the case.
Our firm provides mediation services getting our clients quick resolutions and avoiding the lengthy process of the Italian Courts.
Tab 2 content.
Book a Consultation
*Full refund for cancellations up to 1 hour prior to meeting time.
Contact us
I would like:
• Legal assistance – I am considering paying for legal advice/assistance
• General information – I am not interested in paid legal services
General information
Please find general information on our website using the search field at the top right corner of any page or by using any of the top dropdown menus to see information by subject.
• To share my resume
Send us your resume
If you are fluent in Italian and have an Italian degree, please check available positions in the Italian version of this page
• An interview – I am a journalist, author or content creator
• To share information about my business or services
• To report a website issue
• To leave a comment or suggestion – I am not interested in paid legal services