LEGAL FRAMEWORK AND VTDIATION PRACTICE IN ITALY: THEORETICALAND PRACTICAL POINTS

Abstract

The contemporary architecture of justice within the European Union is characterized by a strategic transition from exclusively judicial dispute resolution toward a diversified system of Alternative Dispute Resolution (ADR). This article provides a comprehensive analysis of the Italian experience, which serves as a unique subject of research since Italy was the first EU member state to implement a mandatory mediation model. The study explores the historical evolution of conciliation procedures, starting from 1931 to the adoption of the fundamental Legislative Decree No. 28/2010 and the implementation of the recent Cartabia Reform (2022–2023). The author examines four distinct models of Italian mediation: voluntary, court-ordered, ex contractu, and mandatory (as a condition of admissibility). Particular emphasis is placed on the legal consequences of the Italian Constitutional Court’s Decision No. 272/2012 and the subsequent modernization of legislation, which ensured the harmonization of national norms with Directive 2008/52/EC. The article details the stringent requirements for the professional status of mediators, including accreditation rules under DM 150/2023, the system of continuous professional development, and the civil liability mechanisms for mediation service providers. A thorough analysis is conducted on the financial and legal incentives ensuring the viability of the Italian model: exemptions from registration fees, the provision of tax credits, and procedural sanctions for unjustified non-participation. Based on empirical data from the Department of Statistics of the Italian Ministry of Justice, the high temporal efficiency of mediation is proven: it is established that mediation allows for dispute resolution in an average of 142 days, which is nearly six times faster than traditional litigation. The article justifies the prospects for implementing the Italian model into the legal system of Ukraine, particularly regarding the introduction of mandatory pre-trial settlement in inheritance, real estate, and family business disputes. Such implementation would facilitate the systematic decongestion of the judiciary and stabilize civil commerce in the context of European integration.