How to initiate and transcribe an assisted negotiation agreement

The steps

1. 1.

   Invitation and signing of the convention

   The first step is notifying the invitation to sign the assisted negotiation convention. The invitation must state the subject of the dispute and warn that failure to respond within thirty days, or a refusal, may be evaluated by the judge regarding litigation costs. If the opposing party accepts, the convention is signed. Lawyers must certify the authenticity of their clients' signatures. It is essential to verify beforehand that you have a valid digital signature and access to the certified email (PEC) notification systems, which are indispensable tools for formalizing the invitation and the subsequent convention.

2. 2.

   Conducting the negotiations

   Once the convention is signed, parties and lawyers have a duty to cooperate in good faith and with loyalty to resolve the dispute. The negotiation period must respect the timeframe agreed upon in the convention, which cannot be less than one month or more than three months, extendable by an additional thirty days upon agreement. During this phase, lawyers exchange drafts and documents, maintaining a strict duty of confidentiality regarding acquired information. It is advisable to track all formal communications via PEC to have proof of compliance with loyalty duties in case the procedure fails.

3. 3.

   Signing the agreement

   If negotiations are successful, the final agreement is drafted. The agreement must state that the lawyers attempted to conciliate the parties and informed them about the principles of good faith. The lawyers certify the authenticity of the signatures and the agreement's compliance with mandatory rules and public policy. The resulting agreement constitutes an enforceable title (titolo esecutivo) and allows for the registration of a judicial mortgage. A common error is omitting the mandatory declarations by the lawyers: always verify the presence of compliance attestations before applying the final digital signature.

4. 4.

   Authentication for real estate transcription

   When the agreement involves the transfer of real estate rights, the lawyers' certification alone is insufficient for transcription in the real estate registers. In this case, the signatures on the agreement minutes must be authenticated by an authorized public official, typically a notary (notaio). The professional must therefore coordinate with the notary's office, transmitting the reached agreement so the notary can authenticate the parties' signatures. Without this step, the Registrar of Real Estate Registers will reject the transcription note, rendering the transfer unenforceable against third parties.

5. 5.

   Transmission and final fulfillments

   The final step requires transmitting the agreement to the competent bodies. In ordinary civil disputes, a copy of the agreement must be transmitted to the Bar Association of the place where the agreement was reached. In family law matters, the agreement must be sent to the Public Prosecutor at the competent Court to obtain clearance (nulla osta) or authorization. Transmission occurs electronically via dedicated portals or PEC, depending on the local jurisdiction's rules. Always verify the delivery receipt and any measure from the Public Prosecutor to confirm the procedure's completion.

Legal basis: D.L. 12 settembre 2014, n. 132 (convertito con L. 162/2014), Artt. 2-11Codice Civile, Art. 2643 (Atti soggetti a trascrizione)Codice Civile, Art. 2657 (Titolo per la trascrizione)D.Lgs. 10 ottobre 2022, n. 149 (Riforma Cartabia), Modifiche alla negoziazione assistita in materia familiare