Mandatory Mediation, the Italian Experience, a Case Study—2025

Abstract

Istat “ Over the course of their lives , almost 6 million people aged 18 and over have been involved in a case at civil judicial offices : 13 % of men and 11 % of women. These are mainly family cases , mainly for separations and divorces , and work cases. 54 % of people aged 18 and over , who are a party to a civil case , or have been in the past , are very or fairly satisfied with the judicial system. Satisfaction prevails among women and people with lower educational qualifications. Only 28 % of citizens involved in a civil case know the economic costs of the process at the time the case is initiated. Increases knowledge of extrajudicial dispute resolution tools and the use of them ”. The relationship between Italians and civil justice has not always been one of the easiest. Mediation, at least formally, has always been rooted in the Italian legal system, except for the period 1922/1945. In 2010, compulsory civil mediation was introduced, i.e., a condition for civil proceeding. Disputes, criticism, bewilderment. However, although at a slow pace, it has grown and most recently the Legislative Decree no. 216 of 27.12.2024, called “Correttivo” came in force. It brings interesting changes to Legislative Decree 10.10.2022, no. 149 (Cartabia Reform), which made changes to one of the basic acts of the Italian legislation on mediation, Legislative Decree 28/2010. Only one concern: the likely lawyerisation of mediation. In the article, Mandatory mediation , the Italian experience , 2015, the last words were: “ Since 2010 Italy has become a very interesting laboratory to analyze the consequences of different types of ADRs. And I think we are just at the very beginning ”. Ten years later, with an 18% increase of agreements and more attention to training, not yet sufficient, it should be repeated: “ We are just at the very beginning !”