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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