MEDIATION IN THE ITALIAN WAY

Abstract

Italians were the first in the European Union to decide to introduce a mandatory attempt at resolving a dispute through mediation before the initiation of court proceedings. The reason for the changes was a disastrous situation of the justice system, which, in the face of an increasing number of cases brought to courts, turned out to be completely unwieldy. However, the first endeavours to change the mediation model were met with strong opposition, especially from advocates, and were ultimately contested by the Italian Constitutional Court. Yet, the deepening problem of the lengthiness of proceedings forced the Italian legislature to review the principle of voluntary mediation once again. The amendments introduced in 2013 no longer evoke such strong emotions and provide not only for mandatory mediation in a distinct category of cases but also for a number of incentives, including tax ones, to settle disputes amicably. As a consequence, especially in view of the reform’s tangible effects and the favourable position taken by the Court of Justice of the European Union, they may inspire changes in the mediation model in countries where mediation is completely voluntary.