Onere della prova e poteri istruttori del giudice

The a. analyzes the legislation on compulsory mediation ope legis, starting from the text prior to of legislative decree no. 28/2010, passing through that contained in the so-called Cartabia reform and, thus, landing at the corrective formulations contained in legislative decree no. 216/2024. He highlights the model’s critical issues and application doubts and proposes a new model that would give rise to the obligation of the mediation in the concrete case, after an assessment of the procedural situation and the experience of a dialogue between the judge and the parties.