La mediazione alla prova del distanziamento. Temporanea emergenza o opportunità per il futuro?

The social distancing imposed by the emergency scenario of the Covid-19 pandemic has made a reorganization of work activities not postponable, in terms not only of mere physical location and spaces handling, thus opening the doors to the so-called “lavoro agile” (smart working). The digital platforms implementation has also made possible the continuation of school, university and court activities, although with implications yet to be assessed and not without resistance, especially in the judicial field. With regard the civil justice field, the conversion law of the “Cura Italia” decree (no.27 of April 24, 2020) has provided that mediation meetings can also be held telematically, with the consent of all the parties involved, according to what has already been provided for by Legislative Decree 28/2010. The possibility of realizing an authentic mediation, through digital technology tools, albeit in its different criminal and civil guise, must however be the subject of an independent and careful reflection that firstly takes into account the goals expected. Through an analysis of mediation in its dimension of meaning and in its various forms and declinations, this work intends to investigate the conditions of possibility, the limits and the criticalities of a remote mediation, with particular reference to the Italian experience of the so-called Mediterranean model, deriving from the humanistic one.