Originally from Baker & McKenzie International Arbitration Yearbook: 2011-2012

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ITALY
Gianfranco Di Garbo

A. LEGISLATION, TRENDS AND TENDENCIES

As an implementation of the European Mediation Directive 2008/52/EC, effective as of 20 March 2011, Legislative Decree No. 28 of 4 March 2011 (the “Decree”) has introduced a new mediation process that is mandatory for disputes involving:

• rights in rem,
• division of assets,
• inheritance,
• family agreements,
• lease of real estate or of ongoing businesses,
• loans,
• insurance and banking contracts and other financial contracts, and
• tort actions on defamatory statements in the media.
 

As of 20 March 2012, mediation will also become mandatory for disputes relating to damages arising out of automobile and nautical accidents and disputes concerning co-ownership of real estate.

The mediation procedure established under the Decree can only be brought before authorized mediation bodies that are included in a register maintained by the Ministry of Justice. Mediation is now a pre-condition for the commencement of court proceedings in all disputes covered by the Decree. Although the new law