Il costo della giustizia consensuale

The paper deals with issue of the “cost of consensual justice”, overcoming the easy but fallacious equation that recourse to ADRs coincides with a reduction in costs on justice for the State. Rejecting the erroneous belief that ADRs do not cost money, the author moves from the opposite premise: consensual dispute resolution mechanisms (from negotiation to mediation) have a cost — not only economic but also cultural, social and professional, given the change in approach to conflict that they impose. The promotion of such mechanisms does not therefore mean a disinvestment by the State on the justice front, but, on the contrary, a greater investment by the State, albeit diversified and combined with the judicial machine and its efficiency, in the instruments of consensual justice, as methods of dispute resolution that are part of that integrated system of justice — jurisdicitonal and a-jurisdictional — hat finds its foundation in the plots of the Italian Constitution, and in particular in its Article 2.