Quadra - Alternative Dispute Resolution

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June 2012

May - June Newsletter is Online

The Italian Constitutional Court has fixed on October 23rd, 2012 the public hearing about the issue of constitutionality raised in relation to mandatory mediation in Italy, as provided by art. 5 of Legislative Decree n. 28/2010.

The claim stems from an appeal (2010) to the administrative Tribunal of Lazio region - Italy (TAR of Lazio), by several associations and lawyers who believed the Legislative Decree n. 28/2010 to have gone far beyond the principles established by the Directive n. 52/2008/EC.
On April, 12th 2011 the TAR of Lazio referred the matter to the Constitutional Court, which on October, 23rd 2012 will clarify whether early mandatory mediation as a condition of admissibility to courts constitutes a violation of people's rights to judicial protection, enshrined in the Italian Constitution.

Meanwhile, despite those several disputes "kept in a drawer" awaiting the decision of the Supreme Court, the diffusion of mediation keeps its good pace by...

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