Considerazioni in merito al rapporto tra mediazione e processo alla luce del decreto legislativo n. 28/2010

In the occasion of the approval of the italian discipline of mediation, the author develops in this paper an accurate analysis of the nature of the mediation activity, comparing it with the activity of judgement. Particularly, the author highlights the difference between the purpose of composition of the opposte interests of the parties, typical of mediation, and the purpose of adjudication according to the law, typical of judgment in the civil law systems, and analyzes the differences between the settlement concluding a mediation and the sentence concluding a judicial proceeding.