Participatory Justice and Mediation. Toward a New Model of Justice
by G. Maria Antonietta Foddai
pp. 126-143 Issue 6 (3,2) – July-December 2016 ISSN (online): 2539/2239 ISSN (print): 2389-8232 DOI: 1017450/160208
Abstract
This paper provides a brief description of the model of participatory justice that is emerging in Europe and in North and South American States. Participatory justice promotes new forms of conflict resolution, as does mediation, based on voluntariness and confidentiality, as well as the participation of all parties in the management of conflict. In 2010, Italian legislators introduced mediation as an alternative form of dispute resolution in civil and commercial matters in order to reduce the burden of the Courts. This reform has not been successful so far because Italian lawmakers have introduced mediation into the civil justice system without reforming the framework of its underlying principles.