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Quadra operates since 2003 as a private provider of ADR (Alternative Dispute Resolution) services for management of conflicts and commercial and civil disputes

Quadra administers mediation, arbitration and expertise procedures,
promotes diffusion of ADR principles and realises world-class training

September 4, 2013

MANDATORY MEDIATION STRIKES BACK IN ITALY

Some months ago, Mr. Letta’s government released the decree no. 69/2013, ambitiously defined as “do-it measures”. It contains some provisions aimed to improve the notoriously slow and ineffective Italian civil and commercial justice system, having in mind in particular the discouraging position Italy maintains (# 158 out of 183) in the World Bank ranking concering “enforcing contracts”.

Data refer to the 2011; the most recent WB report sets the country some steps back, indeed, at 160th place (# http://www.doingbusiness.org/data/exploreeconomies/italy/-enforcing contracts).

Don’t get excited, however. No structural reform, no rethinking of an archaic system, designed according to a nineteenth century logic. If rules-makers plan to move quickly out from the WB ranking, they might experience some disappointment, I fear.

Among a bunch of hardly epocal measures, mandatory mediation has been reintroduced. Some would have heard that it was ruled out by the Constitutional Court few months ago, in the version provided by d. Lgl 28/2011 because of a trivial flaw in the implementation of the frame law no. 69/2009).

Re-introduction of mandatory medation in some way was necessary. The blunder made by the government (at the time Berlusconi’s, with Mr. Alfano as Minister of Justice), and not remedied by the Monti, certainly needed to be remedied. Mr. Letta PM and Mrs. Cancellieri as M. of J.  has rightly thought it was worth giving another chance to mandatory mediation; it had generated new promising perspectives, still with some lights and shadows in terms of quality, if only in terms of reducing the judicial backlog.

The new bill now provides for a preliminary informative interview. A wise measure, indeed, although I would have applied it to all kind of disputes (not only to a very limited list) and set for free.
The point is that the government move is one the step forward, two steps back. Paying tribute to the lawyers’ lobby, government qualified them as mediators without the need of any specific training. Todos caballeros! Another pearl, disputes for damages stemming from vehicle accidents have been excluded from the compulsory mediation scheme. A large number of pratictioners living up from fees generated in the sector, are now more than happy.

Well, we’ll see, however ...

 

Carlo Mosca