A Primer on the Law

摘要

Here is a guide to the laws discussed in the accompanying article: 1.Italian Parliamentary Law 69/2009 (Law 69/2009) granted the Italian government the power to enact a decree to implement the requirements set forth in the Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters on mediation, resulting in Decree 28/2010. The directive requires European Union member states to provide mediation for cross-border matters; many countries have concurrently updated domestic ADR. 2.Italian Legislative Decree 28/2010 (Decree 28/2010) enacted by the Italian government, mandated mediation for certain civil and commercial cases and laid out standards for the mediation process, institutions and mediators. Organismo Unitario dell'Avvocatura (Italy's leading association of attorneys, known as the OUA) stood out as the decrees leading challenger and took its case to the Constitutional Court alleging: 1.Mediation as a requisite preliminary step to trial is a violation of access to justice. 2.The quality standards of the mediation service were too low. 3.The government went beyond the scope afforded by Law 69/2009.