INFORMATION TECHNOLOGY
The new rules for carrying out civil and commercial mediation with telematic methods will come into force from 25 January 2025.
With the publication in the Official Gazette of 10 January 2025 no. 7 of Legislative Decree 216/2024 - corrective to the Cartabia and in force since 25 January 2025 - important innovations and updates have been introduced to the civil and commercial mediation system, with the aim of making mediation more efficient and modern.
The new Article 8-bis of Legislative Decree 28/2010 – entitled Mediation in telematic mode – provides for the digitization of the mediation process, with the consent of the parties. In this case, the documents of the proceedings are drawn up by the mediator and signed with digital signatures. At the end of the procedure, the mediator prepares an electronic document containing the minutes and any agreement for the affixing of the digital signature by the subjects who are required to do so (the document must be immediately signed and returned to the mediator). The mediator, upon receipt of the document and having verified the affixing of the signatures, validity, and integrity of the signatures, shall affix his signature and arrange for it to be deposited with the secretariat of the body, which shall send it to the parties and their lawyers, if appointed.
The new Article 8-ter of Legislative Decree 28/2010 – entitled Mediation meetings with remote audiovisual mode – provides that each party can always ask the head of the mediation body to participate in meetings with remote audiovisual connection, provided that this ensures the contextual, effective and reciprocal audibility and visibility of the connected persons.
The new Article 8-bis of Legislative Decree 28/2010 – entitled Mediation in telematic mode – provides for the digitization of the mediation process, with the consent of the parties. In this case, the documents of the proceedings are drawn up by the mediator and signed with digital signatures. At the end of the procedure, the mediator prepares an electronic document containing the minutes and any agreement for the affixing of the digital signature by the subjects who are required to do so (the document must be immediately signed and returned to the mediator). The mediator, upon receipt of the document and having verified the affixing of the signatures, validity, and integrity of the signatures, shall affix his signature and arrange for it to be deposited with the secretariat of the body, which shall send it to the parties and their lawyers, if appointed.
The new Article 8-ter of Legislative Decree 28/2010 – entitled Mediation meetings with remote audiovisual mode – provides that each party can always ask the head of the mediation body to participate in meetings with remote audiovisual connection, provided that this ensures the contextual, effective and reciprocal audibility and visibility of the connected persons.
