The South African Lens: Italy - A Case Study In Overcoming Initial Resistance

In a previous article, we discussed South Africa's bold move to introduce mandatory mediation in civil matters before the South Gauteng High Court. Whilst this move is certainly bold from a local perspective, it is not unique.

Italy stands out as arguably the first contemporary Western country to introduce compulsory civil mediation in 2010, making it a condition precedent for civil proceedings in certain matters. This bold move was a direct response to a severe and long-standing civil court backlog, with nearly 6 million cases pending in 2009.

The initiative initially encountered significant hurdles, including "furious opposition from lawyers" and "benign neglect from the judiciary." A primary criticism was the perception that "mediation does not belong to the Italian legal tradition". A major setback occurred in December 2012 when the Italian Constitutional Court, with its decision no. 272 of 6 December 2012 declared the mandatory mediation