Chapter

Mediation in Italy: Alternative Dispute Resolution for All

Giuseppe De Palo and Lauren Keller

in Mediation

Published in print November 2012 | ISBN: 9780199653485
Published online January 2013 | e-ISBN: 9780191758270 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199653485.003.0012
Mediation in Italy: Alternative Dispute Resolution for All

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The number of mediations in Italy is rising exponentially following the enactment of the new Mediation Law (Legislative Decree 28/2010). In implementing the 2008 European Directive on cross-border mediation, Italian lawmakers decided to go beyond voluntary mediation and introduced mandatory pre-trial mediation in a variety of civil and commercial cases. The law aims to reduce the incredible backlog of civil cases pending in Italy (more than 5.6 million) and to shorten the average eight-year duration of civil cases. Despite the strong opposition to mandatory mediation by a sector of the Italian bar, mediation organisations are moving forward to accommodate the increasing demand, and the procedure as a whole is gaining traction. This chapter aims to present the key regulatory features of the Italian law, as well as to provide analytical commentary on the status of mediation as perceived by the Italian public.

Keywords: mediation; Italy; alternative dispute resolution; cross-border mediation; Italian law; civil cases

Chapter.  11217 words. 

Subjects: Comparative Law

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