Mandatory condominium mediation: when it is needed and how it works

Condominium mediation is the procedure that anyone wishing to start a lawsuit in condominium matters must attempt before turning to a judge. It is governed by article 71 quater of the implementing provisions of the Italian Civil Code and is a condition of admissibility of the court claim: without an attempt at mediation, the case cannot proceed. The aim is to offer the parties a faster and cheaper way to resolve the conflicts that arise in condominium life.

What mediation is

Mediation is a procedure conducted by a neutral and impartial body, in which a mediator helps the parties reach an agreement. It is not a trial and the mediator does not decide who is right: the task is to encourage dialogue and, where possible, help the parties reach a settlement. Any agreement reached is binding between the parties and, under certain conditions, can constitute an enforceable title.

The matters subject to mandatory mediation

Article 71 quater treats as condominium disputes those arising from the violation or the incorrect application of the Civil Code rules on condominiums and of articles 61 to 72 of the implementing provisions. The obligation therefore covers, among others, disputes over expenses and their allocation, over the use of common parts, over the thousandth tables, over the by laws and over the challenge of meeting resolutions.

The condition of admissibility

In these matters the attempt at mediation must be made before starting the case. If the court claim is filed without having started mediation, the judge, having found it inadmissible, sets the parties a time limit to file the mediation request. The condition of admissibility is considered met when the first meeting before the mediator ends without an agreement or when the procedure runs out within the time limits set by law.

Where the request is filed

The mediation request must be filed, on pain of inadmissibility, with a mediation body located in the district of the court in which the condominium is situated. This criterion of territorial jurisdiction prevents a party from choosing a distant body to put the other in difficulty and links the procedure to the location of the building.

The administrator's role

When the dispute involves the condominium as a whole, it is the administrator who takes part in the procedure representing the owners. The law, however, requires the condominium to express its position: the administrator is entitled to take part in mediation subject to a meeting resolution. This step is essential because without the involvement of the meeting an agreement reached by the administrator alone does not validly bind the condominium.

The meeting resolution and its timing

The resolution by which the condominium takes a position on mediation must be adopted with the majority provided by the second paragraph of article 1136 of the Civil Code, that is the majority of those attending representing at least half the value of the building. In practice, since the timing of mediation does not always match that of calling a meeting, the administrator takes part in the procedure and then submits any proposed agreement to the meeting, which becomes binding on the condominium only if approved with that majority.

What is not covered by the obligation

Not all condominium disputes require prior mediation. In particular, the proceedings to obtain an injunction order and the opposition to it remain outside the obligation until the judge decides on the requests to grant or suspend provisional enforceability. This avoids slowing down the recovery of condominium debts with a mediation step in the most urgent phase.

The advantages of mediation

Beyond the obligation, mediation offers concrete advantages: costs and time generally lower than those of a lawsuit, confidentiality of the procedure and the chance to preserve relationships between neighbours, which in a condominium continue even after the conflict. A negotiated agreement is often more durable than an imposed judgment, because it arises from the shared will of the parties.

There are also incentives designed to encourage the use of mediation, such as the tax credit provided on the costs incurred and the exemption from certain tax charges for the settlement record within the limits set by law. When the agreement is reached and signed in the required forms, it can constitute an enforceable title, which means that if one party does not comply, the other can proceed without having to start new proceedings. The first meeting too, which serves to check whether it is possible to continue, has a modest cost compared with that of a civil lawsuit.

Managing disputes with management software

Condominium management software collects in an orderly way the documents needed to reconstruct a dispute: minutes, resolutions, allocation statements, communications and deadlines. Having this documentation at hand makes it easier to prepare the mediation request, inform the meeting and record the resolution by which the condominium decides how to handle the dispute.

AmministraPro keeps the minutes, resolutions and accounting records of each managed condominium and assists the administrator in calling the meeting and recording the decisions useful also in mediation. You can see how it works on the features page or compare the plans in the pricing section.