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Compulsory mediation in opposition to the injunction must be proposed by the opposing party

Civil Superior Court, Sez. Un., 18 September 2020, n. 19596 – Pres. Travaglino, Rel. Cirillo

date: 19.10.2020
Area: Litigation and Arbitration

As established by the Superior Court with the ruling in question, in disputes subject to compulsory mediation pursuant to Article 5, paragraph 1-bis of Legislative Decree no. 28 of 2010, the burden of promoting the mediation procedure lies with the plaintiff. Consequently, if the proceedings to oppose an injunction are instituted, this burden will fall on the opposing party. In the latter case, it follows that, if the party with the burden of proof does not take action, the ruling of inadmissibility of the opposition proceedings will result in the revocation of the injunction issued.

Compulsory mediation in opposition to the injunction must be proposed by the opposing party

Civil Superior Court, Sez. Un., 18 September 2020, n. 19596 – Pres. Travaglino, Rel. Cirillo

date: 19.10.2020
Area: Litigation and Arbitration

As established by the Superior Court with the ruling in question, in disputes subject to compulsory mediation pursuant to Article 5, paragraph 1-bis of Legislative Decree no. 28 of 2010, the burden of promoting the mediation procedure lies with the plaintiff. Consequently, if the proceedings to oppose an injunction are instituted, this burden will fall on the opposing party. In the latter case, it follows that, if the party with the burden of proof does not take action, the ruling of inadmissibility of the opposition proceedings will result in the revocation of the injunction issued.