ABSTRACT – The mandatory assisted negotiation assumptions, contemplated by the law, concern the application for payment of sums of money for any reason and the claim for compensation for damages deriving from the circulation of vehicles and boats. In such hypotheses, the negotiation assumes the function of condition of application procedure. One of the problematic profiles that emerges from the institution’s study concerns the possibility that mandatory assisted negotiation overlaps with other forms of alternative dispute resolution. The problem of this overlap is solved in doctrine with often contradictory and never univocal solutions. In the face of evident legal perplexities and problems in practice, an alternative solution is proposed here: making the assisted negotiation attempt optional. This solution is perhaps the most appropriate to allow the institution in question to fulfil its original function of simplifying and accelerating civil proceedings as well as ensuring legal certainty.
KEYWORDS – assisted negotiation – civil procedure– condition of procedure – alternative dispute resolution.