Mediation Italy

Naples Court of Appeal on Obligation to Inform Clients About Mediation and Contract Annulment

By ADR Journal Editorial Desk Published 1 source Attorney Duties Contract Annulment Italy Mediation Unjust Enrichment Italy

Stories are grouped across languages, rewritten into a fixed editorial format, and linked to original sources.

TL;DR

  • The Naples Court of Appeal held that an attorney's failure to give written mediation information to a client makes the contract voidable.
  • This obligation applies to all mediation, including optional cases.
  • Attorneys may still claim compensation via unjust enrichment if the contract is annulled.
  • The ruling clarifies procedural rights under Italian law.

Overview

On August 11, 2026, the Naples Court of Appeal ruled that failure by an attorney to provide written information on mediation options, as required by Italian law, renders the legal services contract voidable. The decision also clarifies that, in such cases, attorneys may seek payment based on unjust enrichment principles.

What Happened

An attorney sought payment for legal activities conducted for former clients in the Court of Appeal of Naples. The clients argued for annulment of the professional services contract because the attorney did not provide written information on the option of mediation, as mandated by Article 4 of Legislative Decree 28/2010.

The court considered the attorney's defence, noting he failed to prove that he provided the required written mediation disclosure. The judges clarified that the obligation applies to all types of mediation, not just those that are mandatory for case admissibility.

Because the written mediation information was not supplied, the court declared the legal services contract voidable, regardless of whether the omission affected the litigation process.

Addressing the attorney's alternative claim for unjust enrichment, the court held that such a claim was not a new legal action but a modification tied to the case. As the contract was found void from the outset, unjust enrichment claims could proceed in line with Italian legal doctrines.

Context

Italian law, specifically Article 4 of Legislative Decree 28/2010, requires that attorneys inform clients in writing about the possibility and the fiscal benefits of mediation upon acceptance of a case. This requirement is reinforced by the Cartabia reform.

The decision affirms an existing stance in Italian case law regarding the seriousness of the mediation information duty and its significance even for optional mediation scenarios. It also clarifies compensation routes when professional contracts become voidable due to technical breaches.

Why It Matters

  • This ruling highlights the importance of attorneys' compliance with statutory duties regarding mediation information.
  • Legal practitioners risk forfeiting contract-based payment claims if they fail to notify clients about mediation options in writing.
  • The decision clarifies that recourse to unjust enrichment claims may still be available, providing a path for limited compensation.

Sources

Related Stories