ADR and Out-Of-Court Dispute Resolution
Corporate and commercial litigation is a risk to any business, especially in Italy where civil justice tends to work very slowly. Therefore, if it is possible, we advise our Clients to come to terms, in view of the Italian law on Alternative Dispute Resolution (ADR).
Italian law on ADR refers to a variety of procedures for the resolution of disputes out-of-court.
A system of civil and commercial mediation was introduced in Italy (see ‘decreto legislativo’ no. 28/2010 and ‘decreto-legge’ no. 69/2013) and in certain matters a mediation procedure is mandatory, it depends on circumstances. Italian lawyers are ‘mediators by law’. In Italy ADR is less expensive and faster than litigation.
Another Italian method of resolving dispute other than litigation is called ‘assisted negotiation” (‘negoziazione assistita’ in Italian language, see Italian law no. 132/2014) and is mandatory in certain cases, it depends on circumstances.