Alternative Dispute Resolution, which constitutes possible response to access to justice problems connected with the number, cost and length of proceedings, are inspired by a concept of “private justice”; different from arbitration in the strict sense, during which the decision of the arbitrator aims at replacing that of the Court, said ADR provides for a neutral third party which, by means of specific conciliation procedures and techniques, supports the parties to find a consensual settlement of the dispute.

Alternative Dispute Resolution, such as mediation, actually allows the parties to continue their relationship in order to find a solution to the dispute.

In the Green Paper concerning Alternative Dispute Resolution in civil and commercial matters, other than arbitration, the European Commission underlines that the development of these forms of conciliation must be considered not as a means to cope with the difficulties of the functioning of the legal system, but as a form of social reconciliation on a more appropriate and consensual basis than using Court system.

The Italian legal system provides a variety of forms of Alternative Dispute resolution.

In a very general sense, they can be illustrated as follows:

• Consensual transactional agreements provided for by article 1965 of the Civil Code;
• Mediation, when parties turn to an independent third party to resolve their dispute, thereby arriving at an agreement;
• Judicial or extra-judicial Conciliation (for an example of Judicial Conciliation see what is provided for by articles 183, 320 and 322 of the Code of Civil Procedure);
• Arbitration as a means of resolution of disputes as an alternative to a Judicial decision, provided for by art. 806 of the Code of Civil Procedure.

• Law n. 108 of 11 May 1990, on extra-judicial dispute resolution in labour legislation matters (trade-union or administrative disputes) as a condition of proceeding the claim related to dismissal legislation;
• Law n. 580 of 29 December 1993 on the establishment of conciliation and arbitration commissions at the Trade Chambers;
• Law n. 92 of 18 June 1998 on conciliation and arbitration as regards legislation of subpurchasing in the framework of productive activities;
• Law n. 320 of 2 March 1963 providing, as regards agricultural legislation, a compulsory conciliation attempt before the proceeding.

• Article 185 of the Code of Civil Procedure: provides an optional attempt at conciliation. This attempt may be repeated during the proceedings; during the first court appearance of the parties, the judge ‘makes an attempt at conciliation, where the subject matter of the dispute allows it' (art. 183 of the Civil Procedure Code). The judge, in his attempt at conciliation, must not condition the will of the parties nor has he to disclose his views; he has to give the parties the opportunity and the possibility to reach an agreement without carrying out an active role (in order to safeguard his own role of third and impartial party).This article is not very often applied in practice, as the parties usually reach extra-judicial agreements. If they reach an agreement, the parties sign the conciliation report before the judge; this report has the efficacy of titre exécutoire and the case is striken off the cause list.
• In Article 420 of the Code of Civil Procedure; the judge competent for labour matters may always make an attempt at conciliation, whether the case regards a transferable or intransferable right (many of the rights regarding labour are intransferable).
• In Legislation on lease of land, which provides an attempt at conciliation (art. 447-bis of Code of Civil Procedure).
• In Agricultural Legislation a compulsory attempt at judicial conciliation is provided for (law n. 320 of 1963).
• As regards disputes regarding separation of spouses and divorce, a compulsory attempt at conciliation of the parties by the President of the Court is provided for by articles 707 and 708 of the code of Civil Procedure and by law n. 898 of 1970.
• Other forms are provided for as regards proceedings related to liquidation of the ‘usi civici'(a particular form of collective property) (law n. 1766 of 1927) and by the Tribunale Regionale delle Acque Pubbliche - Regional Courts of Public Waters (Law n. 1775 of 1933).