SUMMARY
Mandatory civil and commercial mediation was ruled in Italy in 2010 and came in force in 2011. In the following eleven years, mediation has developed, but the success ratio (settlement agreements to new mediation proceedings) in 2022 was 15%. Too little. However, in the proceedings, where all parties were present and decided to go on the first information meeting, the success rate in Italy was 47%. Why is it so difficult to “bring” parties to the mediation meeting? New rules: Law 206/2021and Legislative Decree 149/2022 - The civil justice reform was approved; particular attention is paid to ADRs: mediation, assisted negotiation and arbitration. Publication in the Official Gazette 17.10.2022. Effective from 30.06.2023. Targets: increase of matters subject to mandatory mediation; enhancement of court-appointed mediation; involvement of the Public Administration; more effectiveness of the mediation proceeding thanks to the first mediation meeting effective; the personal presence of the parties expressly provided for; financial penalties and tax incentives; fees; quality of training. For the first time, family mediation is ruled. Risk: the “lawyerization” of mediation.