Mediation allowance, tax benefits and tax credit (until 01/21/2025)
All minimum amounts shown in the following tables for the reference brackets are mandatory under the Paragraph 4 of Article 31 of DM 150/23 .
A. Expenses for holding the first mediation meeting.
Pursuant to Article 28 of the Decree of the Ministry of Justice No. 150 of 2023, for mediation procedures initiated with an application filed from November 15, 2023, each party is required to pay an amount by way of compensation including initiation fees and mediation fees for holding the first actual mediation meeting of up to two hours in length, in addition to out-of-pocket expenses. These amounts are due from each party at the time of submission of the mediation application and at the time of joining, respectively. Initiation fees are payable by each Requesting Party and each Respondent; mediation fees are paid by interest centers.
Out-of-pocket expenses:
Service for sending invitations by postal service (the sending of registered letters is not guaranteed 1):
Digital signature service for signing minutes and agreements through special platform:
Copy issuing service
The request for mediation can only be registered following the payment of the costs due by the Applicant Party. Membership is deemed to have been completed only upon payment of the costs due by the Convened Party. Express waiver by the Claimant of the mediation procedure, even before the first meeting is held, shall not give rise to a refund of the fees paid. The application shall be deemed waived without the right to a refund of any amount already paid in case of non-payment of the full amount of the allowance due.
The first meeting shall be held on the same day with a maximum duration of two hours and cannot be extended to later dates. A meeting that extends beyond two hours will be considered as a subsequent meeting . When the first meeting ends without conciliation and the proceedings do not continue with subsequent meetings, no other amount is due in addition to what has already been paid for the first meeting.
During the first meeting, the Case Manager and the ADR Center Mediator will explain the additional mediation fees due for subsequent meetings according to the following criteria and tables regulated by DM 150/23 and the method of payment.0
- Free of charge for summonses by pec provided by the Claimant Party;
- € 10+VAT for the service of sending each national registered A/R letter;
- € 15+VAT for the service of sending each registered letter international R/R.
Digital signature service for signing minutes and agreements through special platform:
- € 2+Iva for each signature and preservation of the minutes in accordance with CAD.
Copy issuing service
- € 5+VAT for each document,
The request for mediation can only be registered following the payment of the costs due by the Applicant Party. Membership is deemed to have been completed only upon payment of the costs due by the Convened Party. Express waiver by the Claimant of the mediation procedure, even before the first meeting is held, shall not give rise to a refund of the fees paid. The application shall be deemed waived without the right to a refund of any amount already paid in case of non-payment of the full amount of the allowance due.
The first meeting shall be held on the same day with a maximum duration of two hours and cannot be extended to later dates. A meeting that extends beyond two hours will be considered as a subsequent meeting . When the first meeting ends without conciliation and the proceedings do not continue with subsequent meetings, no other amount is due in addition to what has already been paid for the first meeting.
During the first meeting, the Case Manager and the ADR Center Mediator will explain the additional mediation fees due for subsequent meetings according to the following criteria and tables regulated by DM 150/23 and the method of payment.0
B. Conduct of subsequent meetings and agreement at the first meeting (minimum amounts charged by ADR Center)
In the event of conciliation at the first mediation meeting and when the proceedings continue with meetings after the first one and end without conciliation, the Parties are required to pay the additional mediation fees set out in the table below (Art. 30 of DM 150/23) corresponding to the mandatory minimum amounts applied by ADR Center of the relevant value brackets in Table A of DM 150/23.
With the agreement of the Parties, for mediations of particular complexity, amounts different from the above table may be applied within the minimum values of the next bracket.
C. Surcharges in case of agreement
In case of conciliation at the first meeting or in meetings after the first one, the mediation fees shown in the table above are subject to the following increases to be paid at the conclusion of the procedure for the delivery of the final mediation report (Art. 30 of DM 150/2023).
Increases for complexity and experience of the mediator
Pursuant to Article 31, Paragraph 3 of Ministerial Decree 150/2023 in the case of conciliation in meetings subsequent to the first, in addition to the conciliation surcharge, mediation fees may be increased by up to twenty percent due to the existence of at least one of the following criteria:
(a) Experience and competence of the mediator appointed on the agreement of the parties;
(b) Complexity of the issues involved in the procedure, such as the commitment required of the mediator, which can also, but not exclusively, be assessed by the number of meetings.
(a) Experience and competence of the mediator appointed on the agreement of the parties;
(b) Complexity of the issues involved in the procedure, such as the commitment required of the mediator, which can also, but not exclusively, be assessed by the number of meetings.
D. Determination of the value of the dispute
Pursuant to art. 29 of Ministerial Decree no. 150/23, the value of the dispute is indicated in the request for mediation in accordance with the criteria set out in Articles 10 to 15 of the Code of Civil Procedure. When such an indication is not possible, the application indicates the reasons that make its value indeterminable.
The Act of Accession introducing a further application shall indicate its value. When the application or the deed of adhesion does not contain information on the value of the dispute, or the parties do not agree on its value, or the aforementioned criteria have been incorrectly applied, the value of the dispute is determined by ADR Center with a document communicated to the parties.
The value of the dispute may be redetermined by the body on the recommendation of the parties or on the recommendation of the mediator, when new elements of assessment or new facts are alleged by the parties in the course of the proceedings. Where the agreement sets out issues other than those considered for the determination of the value of the proceedings, the body shall determine the value of the proceedings by notifying the parties.
The Act of Accession introducing a further application shall indicate its value. When the application or the deed of adhesion does not contain information on the value of the dispute, or the parties do not agree on its value, or the aforementioned criteria have been incorrectly applied, the value of the dispute is determined by ADR Center with a document communicated to the parties.
The value of the dispute may be redetermined by the body on the recommendation of the parties or on the recommendation of the mediator, when new elements of assessment or new facts are alleged by the parties in the course of the proceedings. Where the agreement sets out issues other than those considered for the determination of the value of the proceedings, the body shall determine the value of the proceedings by notifying the parties.
E. Tax benefits
Pursuant to the reformed Legislative Decree 28/10 and the Decrees of 1 August 2023, the parties are entitled to the following tax benefits:
- The minutes containing the conciliation agreement is exempt of the registration tax within the value limit of €100,000, otherwise the tax is due only for the exceeding part.
- A tax credit of up to €600 for mediation fees and attorneys’ fees for each mediation procedure up to an annual total of €2,400 per individual and €24,000 per legal entity. The tax credit is reduced to half in case of failure to conciliate.
- A tax credit of up to €518 commensurate with the unified contribution paid by the party to the extinguished judgment following the conclusion of the settlement agreement.
- Legal aid to the non-beneficial party for the assistance of counsel if agreement is reached in mediation in the matters subject to the condition of proceeding.
- Legal aid to the non-beneficial party for mediation fees, regardless of the outcome of the mediation.
F. Methods of payment
Payments must be made by:
- Online via the ODR Center platform (www.odrcenter.it)
- Bank transfer to the following coordinates:
For procedures filed at the Rome office of ADR Center:
UNICREDIT
IBAN: IT67K0200805024000030031594
Swift: UNCRITM1B93
Payable to: ADR Center srl
IBAN: IT67K0200805024000030031594
Swift: UNCRITM1B93
Payable to: ADR Center srl
For procedures filed at all ADR Center offices in Italy (excluding Rome):
CREDEM
IBAN: IT69I0303203207010000002827
Swift: BACRIT21375
Payable to: ADR Center srl
Reason for payment: It is obligatory to indicate in the reason for the transfer the city of the ADR Center office, the name and protocol number of the procedure indicated in the letter of convocation, or the date of filing the application.
Example: Rome, Mario Rossi RM/127/25 (for procedure already registered)
Example: Rome, John Smith filing date (for filing a mediation application)
The payment of start-up costs, out-of-pocket expenses and mediation costs, together with the communication of data for electronic invoicing when filling out the mediation and membership application, is a necessary condition for the release of the minutes.
IBAN: IT69I0303203207010000002827
Swift: BACRIT21375
Payable to: ADR Center srl
Reason for payment: It is obligatory to indicate in the reason for the transfer the city of the ADR Center office, the name and protocol number of the procedure indicated in the letter of convocation, or the date of filing the application.
Example: Rome, Mario Rossi RM/127/25 (for procedure already registered)
Example: Rome, John Smith filing date (for filing a mediation application)
The payment of start-up costs, out-of-pocket expenses and mediation costs, together with the communication of data for electronic invoicing when filling out the mediation and membership application, is a necessary condition for the release of the minutes.
G. Billing data and tax credit
The parties to mediation must indicate the data for the issuance of the invoice at the time of filing the application and joining.
To access the benefits provided for by the tax credit regulated by the Decree of the Ministry of Justice of 1 August 2023, the beneficiary must produce by 31 March of the year following the year in which the mediation procedure is concluded – through a platform made available by the Ministry of Justice being prepared – the invoice issued by ADR Center (in the name of the beneficiary), proof of payment, identification data of the mediation procedure and its outcome.
To this end, ADR Center will issue an invoice to the parties in mediation who have made the relevant payments. The payment of indemnities and the request for the issuance of invoices to parties other than the parties involved in mediation may not allow access to the benefits provided by the tax credit.
To access the benefits provided for by the tax credit regulated by the Decree of the Ministry of Justice of 1 August 2023, the beneficiary must produce by 31 March of the year following the year in which the mediation procedure is concluded – through a platform made available by the Ministry of Justice being prepared – the invoice issued by ADR Center (in the name of the beneficiary), proof of payment, identification data of the mediation procedure and its outcome.
To this end, ADR Center will issue an invoice to the parties in mediation who have made the relevant payments. The payment of indemnities and the request for the issuance of invoices to parties other than the parties involved in mediation may not allow access to the benefits provided by the tax credit.
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