Practical guide
How to draft a mediation request with AI
5 min read · Updated June 2026 · Editorial oversight: Avv. Federico Papa
The mediation request (istanza di mediazione) is the introductory document for the alternative dispute resolution procedure governed by Legislative Decree 28/2010. Pursuant to art. 4, the request must be filed with an organization accredited by the Ministry of Justice and must specify the organization, the parties, the subject matter, and the grounds of the claim. Its relevance is critical, as art. 5 identifies the subject matters for which the mediation attempt is a mandatory condition precedent for the admissibility (condizione di procedibilità) of judicial claims. Furthermore, the correct filing of the request produces the same effects as a judicial claim regarding the statute of limitations (prescrizione) and prevents forfeiture (decadenza) on a one-time basis, pursuant to art. 8, paragraph 2.
In brief
The mediation request, drafted using AI, is governed by Legislative Decree 28/2010 and serves as a condition precedent for matters under Article 5. Filing with a Ministry of Justice accredited body interrupts statutes of limitations and prevents forfeiture. The document must identify parties, mandatory counsel, PEC addresses, and legal grounds. Territorial jurisdiction follows the criteria of the competent court. The procedure concludes within three months. Pursuant to Article 12-bis, failure to attend without justification results in monetary sanctions and negative inferences in subsequent judicial proceedings.
The steps
- 1.
Selection of the Mediation Body and territorial jurisdiction
The first step consists of selecting the mediation body (Organismo di mediazione), which must have its seat within the territorial jurisdiction of the court competent for the merits of the case. Pursuant to art. 4 of Legislative Decree 28/2010, a request filed with an organization lacking territorial jurisdiction does not interrupt the statute of limitations nor prevent forfeiture. It is necessary to consult the register of mediation bodies held by the Ministry of Justice to verify the registration and active status of the chosen entity. The choice should also take into account the internal regulations and the schedule of fees applied by the organization.
- 2.
Identification of parties and counsel
The request must contain full identifying details of the filing party (istante), the invited party (parte chiamata), and their respective counsel, including tax codes and certified email (PEC) addresses. Legal representation by an attorney is mandatory for the matters set forth in art. 5, paragraph 1, which governs the condition of procedurability, and its execution is regulated by art. 8. Accurate indication of digital contact details ensures the regularity of communications from the secretariat of the mediation body and the prompt initiation of the procedure. Pursuant to art. 8, paragraph 4, representation of a party is permitted only for justified reasons and requires a special substantive power of attorney conferring the power to dispose of the rights in dispute.
- 3.
Determination of subject matter and procedurability
The specific subject matter of the dispute must be clearly stated to determine whether mediation is mandatory by law, court-ordered (delegata), or voluntary. Art. 5 of Legislative Decree 28/2010 lists mandatory subject matters, such as condominium, rights in rem, division, inheritance, family pacts, lease, loan for use, lease of business, insurance, banking and financial contracts, mandate, association in participation, consortium, franchising, service contracts, network contracts, supply contracts, partnerships, and subcontracting. If the matter falls within the mandatory categories, failure to attempt mediation results in the inadmissibility (improcedibilità) of the judicial claim, which may be raised by the judge ex officio or upon objection by the parties. Precise classification allows the body to appoint a mediator with specific expertise in the relevant legal sector.
- 4.
Statement of facts and legal grounds
The applicant must outline, concisely yet thoroughly, the factual matrix and legal grounds supporting the claim, in a manner similar to a writ of summons (atto di citazione). Although mediation is characterized by informality, a vague or incomplete narrative may prevent the opposing party from properly evaluating the dispute or compromise the validity of the request for the purposes of satisfying the condition of procedurability. It is necessary to set forth the facts giving rise to the dispute, the liability profiles, and the rights asserted, highlighting key elements that enable the mediator to facilitate negotiations. This section serves as the foundation for discussion during the first meeting and for drafting any settlement proposals.
- 5.
Determination of dispute value and filing
The value of the dispute must be declared in accordance with the criteria set forth in the Italian Code of Civil Procedure in order to determine the mediation fees owed to the body. If the value is unquantified, the request must specify the estimated value range to enable the calculation of filing fees and out-of-pocket expenses. The request is filed electronically or lodged with the secretariat of the mediation body, together with proof of payment of the initial fees required by the regulations. From the moment of notification to the other parties, carried out by the applicant or by the mediation body, the interruption of the statute of limitations and the prevention of forfeiture take effect pursuant to art. 8, paragraph 2.
Legal basis: art. 4 D.Lgs. 28/2010art. 5 D.Lgs. 28/2010art. 8 D.Lgs. 28/2010art. 12-bis D.Lgs. 28/2010
The template structure
The standard sections that make up the document. The full template can be opened and completed directly on edit.legal.
Mediation Body
Identification of the accredited body with which the request is filed and verification of its territorial jurisdiction.
Parties
Personal details, tax codes, and PEC addresses of the filing party, the invited party, and their respective counsel.
Subject Matter and Object
Concise description of the subject matter of the dispute and indication of whether the procedure is mandatory, court-ordered, or voluntary.
Grounds of the Claim
Statement of facts and legal grounds supporting the mediation request and the substantive claim.
Formal Request
Formal request to initiate the procedure and schedule the first meeting between the parties before the mediator.
Place, Date, and Signature
Signature of the document by the applicant and counsel, together with the indication of the dispute value.
Mistakes to avoid
- Filing the request with a mediation body lacking territorial jurisdiction, rendering ineffective the interruption of the statute of limitations and the prevention of forfeiture.
- Failure to attach the special substantive power of attorney required for representation of a party, vitiating the validity of the representation.
- Omitted or vague statement of facts and subject matter, resulting in the failure to satisfy the mandatory condition of procedurability.
- Incorrect quantification of the dispute value, leading to delays or suspension of the procedure pending payment of fee adjustments.
Frequently asked questions
What is the maximum duration of the mediation process?
Pursuant to art. 6 of Legislative Decree 28/2010, the mediation procedure must be concluded within three months from the date of filing of the request. This time limit is not subject to the summer suspension of procedural deadlines.
What happens if a party does not show up for the first meeting?
From the failure to participate without justified grounds, the judge in the subsequent proceedings on the merits may draw evidentiary inferences under art. 116, second paragraph, of the Italian Code of Civil Procedure. Furthermore, pursuant to art. 12-bis, paragraph 2, of Legislative Decree 28/2010, the absent party is ordered to pay to the State budget a sum equal to double the court fee (contributo unificato) due for the judicial proceedings.
Does the mediation request interrupt the statute of limitations?
Yes, pursuant to art. 8, paragraph 2, of Legislative Decree 28/2010, from the moment it is communicated to the other parties, the mediation request produces the same effects on the statute of limitations as a judicial claim and prevents forfeiture (decadenza) on a one-time basis.
What edit.legal automates
- —Automatic verification of the Mediation Body's territorial jurisdiction based on the competent court for the merits.
- —Dynamic identification of subject matters subject to mandatory mediation under art. 5 of Legislative Decree 28/2010.
- —Automatic calculation of mediation fees and value brackets based on updated ministerial tariffs.
Put edit.legal to the test on actual cases
Try edit.legal for free on an active case. No credit card required.
Try edit.legal for freeThis guide is for informational purposes only and does not constitute legal advice for your specific case.