Crisis of Courts and the Italian Mediation Debate

This report deals with alternative dispute resolution (ADR) and addresses two separate but closely related issues in the public debate that took place at this level in Italy. (1) The question of the problem of the crisis ending the Italian judicial system and (2) that the growing interest of (ADR) and mediation in particular.A review of Justice in Italy shows a situation close to collapse. Rigidity of traditional bureaucratic organizations European, combined with the ritual and legal defense of the corporate status quo by powerful associations of lawyers and judges, has made the entire system of dispute resolution unacceptably long and heavy. New experiences are initiated informal justice increasingly in all areas of the traditional practice of law.While initial attempts to regulate these new practices focused on limited areas, such as consumer disputes, the Italian legislature has recently adopted a holistic approach, trying to make ADR a stable component of the management of litigations.In a country with a heavy regulatory tradition, the normative framework of ADR now shows two faces. We have on the one hand, under discussion in Parliament, a bill could create a culture and practice of modern ADR, but on the other hand, the government promulgated in January 2003 a decree regulating the mediation in commercial disputes and financial. This text is, according to the professionals users and service providers ADR, a serious threat to the practice of this service.Both authors conclude their work by emphasizing the idea that only the balance between regulation, training and practice of ADR, mediation could allow to flourish in Italy. This even though the requirements of ADR in this country are very important.