Civil and commercial disputes: the Constitutional Court declares not mandatory the civil mediation

The Constitutional Court declared unconstitutional the mandatory civil mediation: to be invested the unconstitutionality, the first, second and third sentence of Legislative Decree 04/03/2010 n. 28 which states that 'Anyone wishing to exercise judgment in an action relating to a dispute concerning a condominium, real rights, division, inheritance, family agreements, lease, loan, rental companies, compensation for damages arising from the use of vehicles and boats, from medical liability and defamation by the press or by other means of advertising, insurance, banking and financial services, is required prior to experiencing the mediation process'.

In the focus of the Constitutional Court also the experiment of trying to mediation as a condition of admissibility of the claim. The compulsory nature of mediation, cease to have effect already after the publication of the judgment of the Consulta.

The Minister of Justice Paola Severino does not seem too concerned about the judgment of the Constitutional Court that rejected the mandatory conciliation and media said: "I have not read the reasons but the sentence declared unconstitutional only a part, that relating to mandatory mediation. "

The mandatory mediation for disputes tranche of more numerous, that of traffic accidents and disputes condominium is taken last April. Although decided by delegated decree from the previous Keeper, Angelino Alfano, the obligatory had been greeted with great favor by the current minister, Paola Severino, he quoted it as one of the most effective measures to thin out the civil cases. The category of lawyers, who had appealed to the Consulta against the privatization of civil justice, as he said the Body advocacy unit, welcomed the ruling as a great success.

 

29/10/2012

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Translated via software

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Source:

Italian version of ReteIngegneri.it