Italian Mediation System Francesco Pesce, University of Genoa.

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Presentation transcript:

Italian Mediation System Francesco Pesce, University of Genoa

Italian Mediation System Different types of mediation, depending on the perspective: 1.Relationship with the process 2.Material content 3.Compulsoriness

Italian Mediation System Introduction of mediation in Italy: 1.Decree (decreto legislativo) No. 28/ Intervention of the Constitunal Court (October 2012) 3.September 2013: “mandatory” mediation was introduced again with some amendments 4.February 2015: introduction of the “pre-trial negotiation” (negoziazione assistita)

Italian Mediation System JUDICIARY MEDIATION - Since 90’s, general principle of encouraging conciliation in civil procedure - More recently, we have some cases of “court-annexed” mediation - Judges have anyway a broad power of trying the conciliation at every stage of the trial (but judiciary conciliation has some relevant limits) - SPECIAL PROVISIONS for (i) labour law, (ii) family law, (iii) criminal law - Excluded matters

Italian Mediation System OUT-OF-COURT MEDIATION Examples: - Commercial Chambers - Independent authorities working in the field of services of public interest - Private registered ADR providers

Italian Mediation System Which role for a private mediator and non-registered providers?

Italian Mediation System THE MEDIATION PROCESS IN ITALY - Informal procedure - Two possible scenarios: 1.Written agreement + minutes (successful mediation) 2.Possibility of a non-binding proposal (failed mediation) - At every stage parties could ask – or mediator could give – a non- binding proposal - The presence of a legal consultant is not necessary - Decree No. 28/2010 provides for specific rules of conduct for both the judge and the appointed lawyer

Thanks !