The reform of the Italian Legislative Decree 28/2010: Key changes effective 25 January 2025
Ilaria Ballabeni
by Ilaria Ballabeni
The recent amendments to Legislative Decree No. 28/2010, introduced by Legislative Decree No. 216/2024, bring significant changes to mediation procedures in Italy. The reform aims to streamline the process, enhance digitalisation, and clarify procedural aspects. Below are the key updates.
Remote mediation vs. online mediationThis reform introduces a distinction between telematic mediation and remote mediation, formalised under Articles 8-bis and 8-ter.Telematic mediation requires full digitalisation of proceedings, including all documents and signatures, in compliance with the Italian Digital Administration Act (CAD). Consent from all parties is mandatory, and the mediator is responsible for verifying the validity and integrity of digital signatures.
Remote mediation allows individual parties to participate via audio-visual connection, ensuring real-time visibility and audibility. If digital signatures are not agreed upon, parties must sign documents in analogue format before the mediator, a provision that may raise interpretative issues.
Mediation and Power of AttorneyThe reform simplifies the mandate process for mediation sessions. A party is now required to delegate participation to mediation meetings by means of a non-authenticated signature. An exception applies when mediation results in agreements subject to registration under Article 2643 of the Italian Civil Code where authentication by a public official is required.
Duration of mediation and extensionsThe standard mediation period is extended from three to six months, calculated from the date of filing the request. Extensions are allowed in three-month increments, upon written agreement between the parties. Notably, mediation deadlines are not suspended during judicial recesses.For court-ordered mediation, only one extension of three months is permitted, starting from the date the judge refers the case to mediation. Any extension must be communicated to the court via written agreement between the parties.
Court-ordered mediation until final hearingPreviously, judges could order mediation only until the closing of final pleadings. Now, they may do so until the last hearing before final judgment, ensuring greater flexibility in resolving disputes.
Court approval of mediation agreementsIf not all parties are assisted by lawyers, mediation agreements must be validated by the court. The application is filed before the President of the Court where the mediation body is located, ensuring legal certainty for unrepresented parties.
Transitional ProvisionsThe new duration rules apply retroactively to mediations still pending as of 25 January 2025. Other amendments apply only to proceedings initiated after this date.
This reform represents a major step forward in enhancing accessibility, efficiency, and clarity in mediation, balancing procedural simplification with necessary legal safeguards.
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Ilaria Ballabeni, an Italian Lawyer and has been part of the Baldi & Partners Avvocati e Commercialisti team since 2014. She advises within the international corporate, M&A, contract and commercial areas. Contact Ilaria.
