Fra Noi Embrace Your Inner Italian
For many Italian Americans with personal or business interests in Italy, a pressing concern is the length and cost of litigation when disputes arise. Italian litigation is infamous for its protracted timelines and substantial expenses. Court cases can drag on for years, accumulating hefty legal fees, administrative costs, and — if you are based abroad — the additional burden of international travel. However, few people realize that Italy, like the U.S., has embraced alternative dispute resolution (ADR) procedures that, in some cases, are not just advisable but mandatory.
When mediation is legally required, parties involved in certain types of disputes must attempt mediation before they can initiate litigation. Failure to comply can render a claim inadmissible or cause court proceedings to be suspended until mediation is attempted. In short, skipping this step can lead to significant delays or even the dismissal of a case until the requirement is fulfilled.
Under Legislative Decree 28/2010, mandatory mediation applies to specific civil and commercial disputes such as family (for example, inheritance disputes) or property-related matters (for example, condominium and real property disputes) or commercial disputes involving banking, insurance, and financial contracts.
While not all disputes fall under mandatory mediation, many cases relevant to Italian Americans do require mediation as a preliminary step.
Mediation offers several key benefits compared to litigation. It can lead to resolution within weeks or months instead of years and significantly reduces legal fees and administrative expenses. And nlike rigid court proceedings, mediation provides a collaborative setting that allows parties to explore creative, mutually beneficial solutions. It also fosters open communication, helping maintain personal and business relationships that could otherwise be damaged in adversarial litigation.
Until recently, clients residing abroad were sometimes hesitant about ADR procedures due to the need for multiple in-person appearances, which could extend over a long period. The question, “Do I really need to fly to Italy for mandatory mediation?” often had no definitive answer, as it depended on the ADR organization handling the case. However, a recent legislative reform now provides a more flexible solution for individuals with ties to Italy.
Introduced in 2023, the Cartabia Reform has amended the Mediation Law by introducing a specific provision that formally regulates participation in mediation via remote audiovisual connections. This crucial update eliminates geographical and logistical barriers for those residing abroad, making dispute resolution far more accessible and cost-effective.
Any party can now request to attend mediation sessions remotely without needing the other party’s consent to use digital channels. The remote system must ensure high-quality, uninterrupted communication, with full audibility and visibility for all participants.
Documents can be signed digitally if all parties agree. If not, physical signatures must be affixed in the mediator’s presence. Participants must act in good faith to ensure that document signing occurs promptly, preventing strategic delays.
For Italian Americans with financial, familial, or business interests in Italy, these reforms mark a significant milestone. Remote mediation not only modernizes dispute resolution but also ensures that individuals with Italian roots can handle cross-border legal matters with greater efficiency.
Whether you are involved in a property dispute, a family inheritance matter, or a commercial disagreement, the new framework significantly reduces logistical hurdles, lowers costs, and speeds up resolutions.
As such, inheriting or making investments in Italy is now far less daunting, thanks to the efficiency and accessibility of remote mediation.
Send your questions regarding Italian law to cbortolani@aliantlaw.com and I’ll be glad to answer them.
The content provided in this Q&A column is intended solely for general informational purposes and does not constitute legal advice. The information presented here is not tailored to any specific situation or transaction and should not be relied upon as a substitute for professional legal counsel. Legal issues can vary widely based on individual circumstances and jurisdictional nuances. Therefore, it is crucial to consult with a qualified legal professional regarding your specific case or concerns. Please be aware that no attorney-client relationship is established by accessing or interacting with the information provided in this column. The column’s author and publisher disclaim any liability for actions taken based on the information contained herein.
