ADR AND CIVIL PROCEEDING IN ITALY 2021, POTENTIAL DEVELOPMENTS COMMISSIONE LUISO

Giovanni Matteucci

doi:10.12957/redp.2021.62261

Abstract

Italy aims to reduce the length of civil trials. In 2021 the government has appointed the Commissione Luiso, which -with regard to out-of-court methods of dispute resolution- recommends tax incentives, increase of matters subject to mandatory mediation, enhancement of court-appointed-mediation, clarification of the mediation proceeding requirements to make it more effective, involvement of the public administration, quality of training.

Highlights

PALAVRAS-CHAVE: meios alternativos de resolução de conflitos, processo civil, mediação realizada pelo Tribunal, treinamento, Itália, Lusio
2 Italian Ministry of Justice https://www.giustizia.it/cmsresources/cms/documents/commissione_LUISO_relazione_finale_24mag21.pdf 3 In Italy, arbitration is governed by articles 806 – 840 of the Code of Civil Procedure; assisted negotiation was introduced by Law decree 12.9.2014, no. 132, converted with changes by Law 10.11.2014, no. 162; mediation, already provided by many articles, starting from 183 c.p.c., was regulated as a mandatory condition of procedeability for disputes in certain available civil rights by Legislative Decree 28/2010
The Luiso Commission recommends -. to extend this tax credit to cover the costs of the assisting lawyer in mediation; -. to recognize the legal aid for the costs of legal assistance in mediation for those entitled, a provision welcomed by the lawyers; -. to return to the parties the fee paid at the beginning of the judicial proceedings, following an agreement in mediation related to that dispute; -. to provide a small compensation for the management of the first mediation meeting, tax credit for the parties, if attending the meeting

Summary

Introduction

PALAVRAS-CHAVE: meios alternativos de resolução de conflitos, processo civil, mediação realizada pelo Tribunal, treinamento, Itália, Lusio. 2 Italian Ministry of Justice https://www.giustizia.it/cmsresources/cms/documents/commissione_LUISO_relazione_finale_24mag21.pdf 3 In Italy, arbitration is governed by articles 806 – 840 of the Code of Civil Procedure; assisted negotiation was introduced by Law decree 12.9.2014, no.

Results

Conclusion