Milan London Greenwich New York Geneva Hong Kong New Haven Italy – Mediation mandatory as of 21 March 2011 Law 28/2010 (“Law”) introduces mandatory mediation in civil cases in Italy Riccardo Buizza Manchester, 10 May 2011

The areas of law which require the mandatory mediation attempt  From 21 March 2011 a mandatory mediation attempt is required before a civil case can be brought before the courts in Italy in the following areas of law: joint ownership, real property rights, division of assets, succession, leases, free rent, lease of a going concern, medical malpractice, defamation, insurance contracts, banking contracts, financial contracts;  For controversies related to road accidents and condominium, the mediation attempt shall be mandatory starting from 21 March 2012

Mediation Bodies  Public or private entities enrolled with the relevant register kept by the Ministry of Justice  Must have a € 10,000 minimum equity or endowment fund  Must be capable to carry out mediation activities at least in 2 regions or at least in 2 provinces of the same region  Must have in its ranks at least 5 authorized mediators  Mandatory PI liability insurance with a limit of liability of at least €  Requirements for individual mediators: a university degree in any discipline or alternatively be registered with a professional body plus continuing education  Mediation bodies are subject to the control of the Ministry of Justice

Tax incentives  All deeds and documents of the mediation procedure are exempt from stamp duty and from registration tax  The agreement resulting from the succesful mediation is exempt from registration tax up to a value of € 50,000  Tax credit up to € 500 for indemnities paid to mediation body (halved if mediation attempt unsuccesful)

Limitation  From the moment the request of mediation is sent to the other party, the running of limitation is suspended

Confidentiality  Confidentiality obligation: the mediator must keep as strictly confidentail all declarations rendered and documents submitted by the parties in the course of the mediation procedure; in the absence of the consent of the relevant party the mediator cannot disclose to the other party the declarations and informations provided in individual sessions  No use in trial: the declarations and informations acquired by the parties in the course of the mediation procedure cannot be used in Court and cannot be the object of witness statements or depositions;  Professional secrecy: the mediator cannot be obliged to testify in Court on the declarations and informations rendered in the course of the mediation procedure.