L’onere di mediazione grava sul creditore opposto: non un caso di overruling

Under Italian mediation law, mediation is not a requirement to obtain an ex parte judicial order of payment. Mediation only becomes mandatory if the debtor opposes the payment order, thereby transforming the special ex parte proceedings in a regular lawsuit on the creditor’s claim. The Supreme Court newly decides the issue of which party shall bear the burden of starting mediation and the consequences of failure to make such attempt.