Cartabia Reform Makes Mediation More Accessible
As alternative dispute resolution (ADR) methods rapidly evolve worldwide, Italy has introduced significant reforms in its mediation processes, bringing about a major transformation. In her article “Italy Adds Remote Mediation”, published in Fra Noi, Claudia Bortolani details how the Cartabia Reform, which came into effect in 2023, has formally established remote mediation and explores what this change means, particularly for those living abroad.
Mandatory Mediation and the New Framework
Italy has implemented a system that encourages parties to attempt mediation before resorting to litigation, particularly in commercial disputes, family disputes, real estate conflicts, and labor disputes. Legislative Decree 28/2010 made mediation a mandatory step for certain types of disputes.
These include:
- Commercial disputes: Conflicts arising from banking, insurance, and financial contracts
- Family disputes: Issues such as inheritance distribution and post-divorce financial disagreements
- Real estate conflicts: Disputes related to property ownership, co-ownership, and condominium matters
- Labor disputes: Disagreements between employers and employees
Before these matters could proceed to court, mediation was required. However, lengthy in-person mediation sessions and the obligation for physical attendance posed significant challenges, particularly for those with business, property, or family ties in Italy but residing abroad.
Remote Mediation Under the Cartabia Reform
The 2023 Cartabia Reform has now established a legal framework for remote mediation. According to Claudia Bortolani’s article, parties can now request remote mediation sessions without needing the opposing party’s consent.
Under this new system:
- Parties can request remote participation via video conferencing.
- Sessions must ensure uninterrupted, high-quality audio and video.
- Digital signatures can be used for agreements. (If a party objects to digital signatures, alternative signing methods must be arranged.)
- Good faith participation is mandatory, preventing parties from strategically delaying the process.
This development is particularly beneficial for individuals with investments, inheritance matters, or business interests in Italy, as it removes the burden of travel expenses and time constraints. Now, participation in mediation is possible from anywhere in the world.
The Impact of Remote Mediation
- International Trade and Investment
For foreign investors doing business in Italy, commercial dispute resolution is now faster and more cost-effective, providing a significant advantage for international trade and cross-border transactions.
- Family and Inheritance Law
For individuals who own property or have inheritance-related matters in Italy, remote mediation makes legal processes more accessible.
- Labor Disputes
Employers and employees involved in disputes can now participate in mediation without geographical constraints, making the resolution process much more efficient.
- A Global Contribution to Alternative Dispute Resolution:
As ADR methods become more widespread globally, Italy’s adaptation to this trend enhances the international dispute resolution landscape.
A New Era, New Opportunities
In her article, Claudia Bortolani provides a detailed analysis of this major step forward in Italy’s approach to ADR, highlighting how international investors, legal professionals, and individuals can now navigate legal processes with greater ease. The need for physical presence in legal matters in Italy has largely been eliminated.
This reform is a crucial step toward making mediation more accessible and efficient in an increasingly digital world. These developments in Italy further emphasize the critical role of digitalization in international mediation.
Source:
This blog post is based on Claudia Bortolani’s article “Italy Adds Remote Mediation.” For further details, refer to the original article published in Fra Noi.
