The procedure for conducting assisted negotiations

As regards the procedure, it begins with an invitation to conclude a negotiation agreement, which specifies the time limit agreed by the parties for completion of the procedure, in any event not less than one month and not more than three months, which may be extended for a further thirty days by agreement between the parties.

This is because we are in a phase prior to the presentation of the reciprocal positions; we are in a preliminary phase, in which, essentially, the counterparty is asked whether it is willing to undertake the assisted negotiation process in an attempt to reach a conciliatory agreement with reference to a given dispute.

The invitation must also be signed by the party, although the act is formulated by the lawyer. The law is silent as to how the invitation is to be sent to the other party. It does not therefore appear that the rules of the Code of Civil Procedure on the notification of deeds should be called into question.

The provision then goes on to state that from the time of communication of the invitation to conclude an assisted negotiation agreement, or the signing of the agreement, the effects of a court action are produced on the statute barred; in other words we have two consequences: -the statute barred is interrupted and the period of time-barring starts to transpire again when the negotiation will be finished.

– the term to start an action is suspended for the period of the negotiation and starts to transpire again after the negotiation will be finished.

The invitation may be accepted or not, and non-acceptance occurs in the event of failure to reply within thirty days of receipt, or of explicit refusal, and the declaration of non-agreement must be certified by the appointed lawyers.

This refusal to join the invitation to negoziazione assistita may then be assessed by the judge for the purposes of court costs.
In the event of a positive outcome, the agreement reached constitutes an enforceable title and can be used to register a judicial mortgage.