Alternative Justice in Italian Administrative Law. Problems and Perspectives

The essay deals with the possible development of ADRs (and mediation in particular) in Italian administrative law. Despite the advantages that this type of dispute resolution could bring in terms of deflating litigation, it still seems hard to make it a suitable substitute to the courts. The problem of negotiating public power seems to remain a major obstacle to the spreading of ADRs. Furthermore the reluctance of public managers to get involved in activities that could result in loss of revenue and consequent liability must be taken into account. Finally, the legislator does not at present define clearly limits and responsibilities connected with ADRs for public bodies and this seems to be the main problem that has stil to be solved to promote a wider use of ADRs in administrative disputes.