{"id":952,"date":"2026-07-16T10:48:04","date_gmt":"2026-07-16T08:48:04","guid":{"rendered":"https:\/\/vpblegal.com\/la-mediazione-obbligatoria-in-italia\/"},"modified":"2026-08-06T12:25:20","modified_gmt":"2026-08-06T10:25:20","slug":"mandatory-mediation-in-italy","status":"publish","type":"post","link":"https:\/\/vpblegal.com\/en\/mandatory-mediation-in-italy\/","title":{"rendered":"Mandatory mediation in Italy: an opportunity not to be underestimated"},"content":{"rendered":"

In Italy, “going to court” often means facing long timeframes, unpredictable costs, and \u2014 above all \u2014 the risk of turning a negotiable disagreement into a permanent rupture.<\/p>\n

Mandatory mediation exists precisely to fill that gap: not as a barrier to justice, but as an opportunity to check, before litigation, whether a faster, more confidential, and more sustainable solution is possible.<\/p>\n

Approached with method, mediation can become a real conflict-management tool: the parties, assisted by their respective lawyers, can weigh actual risks, costs, and interests, often with more room to maneuver than a court ruling would allow.<\/p>\n

It’s worth understanding, then, when mediation is mandatory \u2014 and, above all, why it can genuinely pay off.<\/p>\n

What Is Mandatory Mediation?<\/h2>\n

Civil and commercial mediation in Italy is governed by Legislative Decree No. 28 of 4 March 2010<\/a>, implementing EU Directive 2008\/52\/EC<\/a> and the delegation under Article 60 of Law 69\/2009<\/a>.<\/p>\n

Attempting mediation is a precondition for filing a lawsuit in a defined set of matters under Article 5 of Legislative Decree 28\/2010: condominium disputes, property rights and other rights in rem, division of property, inheritance, family agreements, leases, loans for use, business rentals, medical liability, defamation via press or other media, and insurance, banking, and financial contracts.<\/p>\n

The Cartabia reform (Legislative Decree No. 149 of 10 October 2022<\/a>), whose mediation provisions took effect on 30 June 2023, strengthened the institution, coordinating it with the new civil procedure and expanding its scope to matters of direct commercial relevance: silent partnerships, consortiums, franchising, contract work, business networks, supply agreements, partnerships, and subcontracting.<\/p>\n

A few key points:<\/p>\n

The constitutional legitimacy of the requirement was confirmed by Italy’s Constitutional Court, which affirmed its case-reduction purpose within the limits of Article 24 of the Constitution<\/a>. An agreement signed by all parties and their lawyers constitutes an enforceable title without the need for judicial approval, under Article 12 of the amended Legislative Decree 28\/2010. The Joint Sections of the Court of Cassation, in a ruling of 8 February 2024, clarified that the procedural precondition applies to the original claim and does not automatically extend to counterclaims.<\/p>\n

The Advantages<\/h2>\n

The benefits of mandatory mediation go well beyond reducing litigation volume. Its real value emerges when it’s treated as a tool of procedural and negotiating strategy:<\/p>\n