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Italy: Lawyer's contract void without mediation instruction

Mediation, international arbitration

Italy: Lawyer's contract void without mediation instruction

As reported in our Newsletter, in some areas of law the admission to litigation is subject to the obligation to have previously attempted mediation (compulsory mediation), in other areas of law a mediation attempt may be made prior to filing a lawsuit (voluntary mediation).

As the Court of Cassation ruled in its decision of 7.12.2022 (35971/22), the lawyer is obliged to inform the client about the possibility of mediation, even if it is not compulsory. If the lawyer fails to inform the client, the retainer agreement is void.