Conflitto e lite ambientale: una definizione difficile: mediazione e processo (civile) a confronto

After highlighting the difference between environmental conflicts and disputes, the author compares litigation with facilitation and mediation as mechanisms to resolve them. Environmental conflicts affect lasting relationships of people living in a certain place. They are highly complex, technical and characterized by information asymmetry between the conflicting parties. Therefore, they must be handled by highly qualified personnel and resolved quickly and predictably. The author of this paper argues that facilitation and mediation are the most appropriate and effective mechanisms for resolving environmental conflicts since the former are better suited to the features of the latter. As a confidential ADR mechanism, oriented towards an interest-based and win-win solution, mediation proves to be the most suitable means of resolving environmental disputes. While encour aging a wider use of this ADR mechanism in the Italian legal system, the author concludes by observing that the forthcoming Italian reform of civil procedure and ADR seems to create the conditions for this to happen.