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Its contextualization in the ADR movement and critical profiles

The book:
In March 2010 was introduced for the first time in Italy - in the wake of the EU Directive 2008/52 - an organic discipline concerning mediation, understood as a procedure aimed at the management of civil and commercial disputes where the parties are assisted by a third neutral. Italy has moved with remarkable timing by anticipating of more than a year the date set for the adjustment to the European Directive (May 2011), by regulating not only the mediation of disputes relating to transnational disputes (as required by the Directive), but also domestic ones. The Italian legislator (Legislative Decree no. 28/10 and Ministerial implementing regulation no. 180/10) approached the fenomenon with a strong touch of dirigism, severely limiting the free determination of the parties to the dispute in choosing a mediator of trust. In fact the Italian mediation process has been structured in order to help deflating the overwhelming judiciary case-load.
The book critically examines the choices made by the Italian legislator, as well as regularly highlighting the undeniable positive aspects, the critical distances compared to the industry best practices, developed in the context of free practice, especially abroad. The work is intended not only for law practitioner but also for all those who wish to familiarize themselves with the new Italian procedure and understand its nature and dynamics.

About the author:
Carlo Mosca is one of the pioneers of mediation in Italy. Educated at CEDR (Centre for Dispute Resolution in London) of which for years was then a member of the faculty, has created one of the first mediation centers operating in Italy, Mercatorum Curia, and was then dedicated to the spread of mediation in the commercial sector, particularly in relation to international disputes, where Carlo currently operates as business attorney. Advocating a transformative approach to the conflict, Carlo works with the most advanced Italian ADR centers.

Release Date: June 2011 (Italian version) - March-April 2012 (English version).

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