On September 17, 2024, the Council of Ministers approved important amendments to Legislative Decree No. 28 of 4 March 2020 (which had already been subject to some amendments due to the “Cartabia Reform” of 2022), with the aim of improving the accessibility and effectiveness of civil mediation. The new supplementary and corrective provisions respond to the need for simplification and digitalization of alternative dispute resolution procedures in civil matters.
Main Regulatory Novelties
· Telematic Mediation and Remote Participation
One of the most significant innovations is the possibility of participating in mediation proceedings remotely. Indeed, the new legislation introduces the so-called "remote mediation", which is fully digitalized and distinct from the mere provision of the possibility to participate in meetings remotely. By using digital platforms, it will be possible to submit documents, participate in mediation meetings, and communicate with the mediator remotely, in a smooth and efficient manner, further facilitating access to mediation and reducing the litigation burden. The same change regarding digitalization and remote participation have also been extended to the regulation of assisted negotiation as per Law Decree No. 132 of 12 September 2014.
· Extension of Terms
The new provisions provide for the extension to six months of the timeframe for the completion of the mediation procedure; this timeframe may be extended prior to expiry for periods not exceeding three months from time to time and is not subject to legal suspension of endo-procedural deadlines. The extension of term will give more time to the parties to collect the documentation necessary to settle the dispute and to the mediator to be able to examine in depth the more complex issues, with the aim of promoting the achievement of sustainable and lasting agreements.
· Admissibility and Deadlines
The new text of the law clarifies, lastly, that mediation is a condition for the admissibility of the introductory writ. It is also provided that the mediation procedure may be ordered by the judge until the setting of the hearing for the submission of the case for decision, and not only until the time of the statement of conclusions.
· Delegation for Participation
In the event that the parties are unable to attend the mediation meeting, they may appoint a proxy by means of a deed signed with a non-authenticated signature - except in the case of deeds subject to transcription in land registry - but that shall include the details of the delegating party's identity document.
The final text, complete with the revisions approved by the Council of Ministers, is in the process of being published in the Official Gazette and will soon be effective and applicable to mediation procedures.
