Farewell to the courtroom? “Out-of-court assisted negotiation” is changing family law in Italy

In recent years, “out-of-court assisted negotiation” has emerged as a flexible and innovative tool within family law in Italy.

This procedure allows parties to resolve delicate matters, such as separation, divorce, child custody, and the management of family assets, while avoiding court proceedings. Each party is assisted by their respective lawyer, who safeguards the client’s rights and ensures compliance with principles of fairness and legality throughout the process.

One of the key strengths of out-of-court assisted negotiation is its ability to offer tailored solutions, enabling the creation of agreements that reflect the real needs of the parties involved, and, where applicable, their children. This approach, rarely achievable in judicial proceedings, allows for more balanced and sustainable decisions over time.

Moreover, this procedure provides several benefits: it is faster and more cost-effective than judicial proceedings, ensures greater confidentiality as discussions occur in a private setting, and protects personal relationships by reducing tensions ­– a critical factor when minors are involved.

The legal foundation for this instrument in Italy is Decree-Law No. 132/2014, converted into Law No. 162/2014, which introduced assisted negotiation as an alternative and voluntary method for resolving disputes out of court, including family conflicts.

The use of this procedure was further incentivised with the implementation of the Cartabia Reform (Legislative Decree No. 149/2022), effective 01 January 2023. As part of the National Recovery and Resilience Plan (PNRR), this reform expanded the scope of this procedure in cases concerning separation, divorce, and child custody. Among the most notable innovations is the simplification of procedures for formalising agreements, either through the courts or directly with civil registry offices, making the process more accessible and efficient.

The reform aims to reduce the burden on the judicial system while promoting consensual solutions that better address the needs of the parties involved. This approach is particularly valuable in emotionally sensitive situations such as family disputes, where out-of-court assisted negotiation is an increasingly popular and appreciated option within the legal landscape.

This procedure represents a modern and human way of addressing family conflicts, focusing on dialogue and mutual respect. In a world increasingly oriented toward peaceful dispute resolution, this procedure offers parties the opportunity to navigate challenging times with dignity and hope, laying a solid foundation for the future.

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Maria Lucrecia heads the Italian Citizenship and Immigration department at Kairós. She and her team handle increasingly numerous requests for the acquisition of Italian citizenship and residence permits, both for private individuals and for employees of foreign companies who want to carry out activities in Europe, particularly in Italy.

Silvia is a lawyer in Kairós’ Immigration and the Italian Citizenship department, specialised in civil litigation, accompanying clients from the pre-trial to the judicial phase. At Kairós she ensures legal advice on assistance and defence in mediation, assisted negotiation and arbitration.