cropped-833.jpgIN SHORT: On 9th February 2015 the obligation to apply  to the assisted negotiation procedure with the assistance of a lawyer was introduced in the Italian legal system, under penalty of barring of the judicial claim.

FACTS: Such Law sets forth that such procedure must be fulfilled before filing the judicial claim in the disputes concerning the compensation of damages arising from  disputes aimed at obtaining the payment of amounts up to € 50.000,00 (except for specific order of payment procedures). It is also compulsory for proceedings that arise from road accidents.

WHY IT IS IMPORTANT: On the basis of such procedure, that is handled directly by the parties’ lawyers, it is possible to reach a conciliatory agreement that is enforceable. Since such alternative dispute procedure is new, it is still uncertain the practical result for the claimants.


Published by Carlo Scarpa

lawyer, partner at Tonucci & Partners. Specialized in Commercial Contracts, JV, IP, FIDIC. Conflicts of Law and International Law. Office in Padua - Italy

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