El modelo italiano de mediación: la utilización de la obligatoriedad para reforzar la voluntariedad

The Italian model of mediation has a strong constricting character, imposed to favor its application. By law, before promoting judicial action, in many disputes, it is mandatory to have experienced mediation. Even in other disputes, however, the judge can order the parties to perform mediation. The absence or non-cooperation of the parties in mediation, finally, involves the judicial application of economic and procedural sanctions. In the Italian experience, there are many procedures but few mediation agreements, because culture and quality still lack.