In 30 seconds
In Italy some civil and commercial disputes cannot go to court until a mediation attempt has been made: for example leases, bank and financial contracts, insurance, business rentals, condominium and inheritance disputes. The first meeting is usually fixed within 30 days of the application.
A foreign company that signs a lease, a bank loan or a business rental in Italy can be surprised by this step. This guide explains it simply.
Which disputes
Under Legislative Decree 28/2010, according to the Milan Bar, mediation is a condition for starting court proceedings in matters such as:
- rights over property, usufruct, acquisitive prescription;
- division of property and inheritance;
- leases and loans for use;
- business rentals;
- insurance, banking and financial contracts;
- condominium disputes;
- medical liability compensation and defamation by press.
A judge can also order mediation during the case. Straight debt claims between businesses are generally not on the list, but the facts of each case matter.
How it works
- One party files an application with a mediation body.
- The first meeting is held within about 30 days.
- If no agreement is reached, the mediator records it, and the court case can start.
- If a proposal is made, the parties have a short time to accept or refuse.
The attempt must be real. A negative report after an unsuccessful meeting is what satisfies the condition.
Frequent case
A problem that happens often. Frequent case described in general terms: names, places and details do not refer to real people or cases.
A UK company rents a shop in Naples under a business rental and falls into a dispute with the landlord about the rent. The landlord wants to sue, but first has to start mediation. The company attends through its lawyer and uses the first meeting to propose a payment schedule.
The best path for you
Usually the best path is to treat mediation as a real chance to settle: prepare the file, set the limits of your offer, and attend with a lawyer. An agreement reached in mediation can be signed and enforced with the right formalities, and it avoids years of litigation.
Facing a similar situation? You can send your documents to the firm for an assessment, from anywhere in the world.
What a foreign company should do
- Take part through an Italian lawyer. The law generally requires legal assistance in compulsory mediation.
- Give a power of attorney if no one with authority can attend: see our guide.
- Prepare the documents and an offer before the first meeting.
- Check your contract clauses.
How attorney Fiorentino can follow you
- Tell you whether your dispute requires mediation.
- Prepare the application or your response and attend the meeting.
- Draft the settlement so that it can be enforced.
Frequently asked questions
Is mediation always mandatory?
No. It is mandatory for listed matters or when a judge orders it.
Can I attend by video?
Often yes, depending on the body. We check this for you.
What if the other side does not come?
The mediator records it, and the condition can be satisfied. Consequences depend on the case.
Does mediation cost money?
Yes, there are fees. We explain them before you decide.
Related guides
Learn more: Legal guides from Studio Legale Fiorentino.
A company dispute or project in Italy?
Every situation must be assessed on the documents of the specific case. You can consult the firm from anywhere in the world: by video call, phone, WhatsApp or email. Appointments in person in Naples (Piazza Giovanni Bovio 22 and Via Monte di Dio 14), Rome and Bari.
Official sources
Information updated on October 13, 2026. This is general information, not legal advice. The firm does not advise on United States or United Kingdom law or taxes.
Do you have a similar issue?
Every situation depends on the documents of the specific case. You can contact the firm from anywhere, remotely.