Practical guide

How to initiate mandatory mediation and manage the first meeting

3 min read · Updated September 2026 · Editorial oversight: Avv. Federico Papa

Civil and commercial mediation is a condition of admissibility for specific matters provided by law. Following the Cartabia Reform, the procedure has been strengthened, making the first meeting an effective discussion rather than a mere formality. This guide outlines the operational steps to properly initiate the proceedings.

In brief

To fulfill the condition of admissibility, the lawyer must file a mediation request with a territorially competent Mediation Body, providing mandatory assistance to the client. The procedure begins by notifying the opposing party. During the first meeting, parties and their counsels must participate personally or through a delegate with knowledge of the facts. The condition is deemed fulfilled if the first meeting ends without an agreement or if the opposing party fails to appear, thus allowing the civil lawsuit to commence.

The steps

1.
Verification of prerequisites and territorial competence
Before initiating litigation, verify whether the subject matter falls under mandatory mediation pursuant to Article 5 of Legislative Decree 28/2010, such as property rights, condominium, defamation, or banking contracts. Identify the territorially competent Mediation Body (Organismo di Mediazione), which matches the competent court for the dispute. A digital signature and an active certified email (PEC) are required for electronic filings on the Bodies' portals.
2.
Drafting and filing the mediation request
Draft the request indicating the chosen Body, the parties, the subject of the claim, and the factual and legal grounds. The application is digitally signed only by the defense lawyer, while the client signs the power of attorney in analog form (which the lawyer then authenticates and digitally signs). Access the chosen Body's online portal, fill in the required fields, and upload the request along with the power of attorney (procura alle liti) and the receipt for the initiation fees. A common system error is failing to upload the client's ID, which blocks the acceptance of the file.
3.
Notification of the request to the opposing party
Once the Body has appointed the mediator and scheduled the first meeting, the request and the scheduling order must be communicated to the opposing party. This communication can be handled by the Body or, for better control over deadlines, directly by the applicant's lawyer via PEC or personal notification under Law 53/1994. Carefully keep the PEC acceptance and delivery receipts to prove the regularity of the invitation.
4.
Preparation and conduct of the first meeting
The Cartabia Reform mandates the personal participation of the parties. If a party cannot attend, they must grant a special substantive power of attorney to a representative with knowledge of the facts, who can also be the defense counsel. The first meeting constitutes to all intents and purposes the start of the actual mediation. The lawyer must assist the client by explaining litigation risks and evaluating settlement openings.
5.
Drafting the minutes and verifying the condition of admissibility
At the end of the first meeting, the mediator drafts the minutes (verbale). If the meeting ends without an agreement or if the opposing party fails to appear, the minutes record the negative outcome. This document, digitally signed by the mediator and the lawyers, certifies the fulfillment of the condition of admissibility. Download the final minutes from the Body's portal and attach them to the electronic case file when registering the subsequent civil lawsuit.

Legal basis: D.Lgs. 4 marzo 2010, n. 28 (artt. 5, 8, 11)D.Lgs. 10 ottobre 2022, n. 149 (Riforma Cartabia)D.M. 24 ottobre 2023, n. 150 (Regolamento sulla determinazione dei criteri e delle modalità di iscrizione e tenuta del registro degli organismi di mediazione)

Mistakes to avoid

Initiating civil litigation without first attempting mediation in mandatory subject matters.
Failure of the party to participate personally in the first meeting without a valid special substantive power of attorney.
Incorrect identification of the territorially competent Mediation Body, which can invalidate the condition of admissibility.
Omitted or late communication of the request and meeting date to the opposing party.

Frequently asked questions

What happens if the opposing party does not attend the first meeting?

The mediator drafts minutes of non-participation. The condition of admissibility is still considered fulfilled, and the judge in the subsequent lawsuit may draw evidentiary inferences from the absent party's behavior, as well as order them to pay a sum equal to double the unified court fee.

Is the power of attorney for litigation sufficient to delegate the lawyer to attend the first meeting?

No. Case law and post-Cartabia regulations require a special substantive power of attorney, distinct from the standard litigation power of attorney, expressly granting the power to dispose of the substantive rights subject to mediation.

How long does the mediation procedure last?

The procedure has a maximum duration of three months, which can be extended for another three months upon written agreement of the parties. The time limit runs from the date the request is filed.

Editorial oversight: Avv. Federico Papa·ICAMUpdated 22 September 2026Content drafted with AI support and subject to editorial source checks. Despite these controls, inaccuracies may remain: reports and rectification requests are welcome. Report a correction

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