MANDATORY MEDIATION IN FAMILY LAW: BALANCING EFFICIENCY AND THE PROTECTION OF FUNDAMENTAL RIGHTS
MANDATORY MEDIATION IN FAMILY LAW: BALANCING EFFICIENCY AND THE PROTECTION OF FUNDAMENTAL RIGHTS

Summary/Abstract: This paper offers a critical examination of mandatory mediation in family law as a mechanism designed to reconcile procedural efficiency with the protection of the parties’ fundamental rights. In a context where judicial systems constantly overloaded and the reliance on alternative dispute resolution (ADR) mechanisms is growing, mediation has become an important tool for resolving family disputes in a faster, less adversarial and more cost-effective manner. Within this context, models of mandatory and quasi-mandatory mediation, which are now widely implemented across European jurisdictions, aim to improve institutional efficiency and reduce pressure on the courts. The study uses both a doctrinal and comparative approach, analysing the relevant normative framework together with case law, paying particular attention to the Italian model as a well-developed example of mandatory mediation. The findings suggest that this mechanism plays a significant role in reducing both the costs and duration of proceedings, while encouraging consensual solutions that contribute to the preservation of family relationships and the protection of the child’s best interests.At the same time, the establishment of mediation raises a number of important concerns regarding procedural rights, including potential limitations on effective access to justice, the risk of power imbalance between the parties, and its limited suitability in cases involving domestic violence. From this perspective, the paper argues that the legitimacy and effectiveness of mandatory mediation ultimately depend on the presence of strong procedural and substantive safeguards, capable of maintaining a sustainable balance between efficiency and the protection of fundamental rights.

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