Revista da EMERJ - V. 22 - N.1 - Janeiro/Março - 2020

25  R. EMERJ, Rio de Janeiro, v. 22, n. 1, p. 11 - 26, Janeiro-Março. 2020  effects of Legislative Decree 28/2010, issued a proposal to apply minor changes to the existing legislation. First, the draft promo- ted the extension of mandatory mediation for six years more, thus recognising the value of this instrument. While the Com- mission suggested to exclude from mandatory mediation any commercial dispute under the jurisdiction of the Italian Compa- nies Court whose value exceeds 250,000 euros, it suggested to include “duration” contracts in matters subject to compulsory mediation, and other relationships that require a quick and con- fidential resolution (professional and work contracts, tender, franchising, leasing, supply and administration contracts, unfair competition, transfer of shareholdings in partnerships). Indeed, even though it is preferable that the parties spontaneously resort to mediation, the obligation to attempt mediation has proved to have an impact over the sensitization of the parties and of the professionals about the use of alternative procedures and the conciliatory culture: the extension of mandatory mediation, or, at least, of the participation of the parties at the first meeting, would furtherly implement such trend, while it would have a deflative impact over the judiciary workload. Moreover, the Commission suggested to include the obli- gation for the judge to motivate the order to mediate a dispute, and to eliminate the gratuity in the first mediation meeting. The proposal for revision did not receive much attention. Neverthe- less, in April 2017, the Italian Government adopted a corrective action, Legislative Decree 50/2017, converted in Law 96/2017, that stabilized compulsory mediation in the legal system. In so doing, it abolished its transitory and experimental nature, and confirmed the value of the reform, to which we owe the fact that mediation has definitely entered the legal mainstream, and that judges and lawyers in particular have largely understood the be- nefits and the potential of the tool. Nevertheless, the renewal of the discipline should not hide the problems we identified with regard to the implementation of mediation. Efforts should be made to lessen the significant structural and organisational obs- tacles for mediation providers and mediators, which make me-