Justice Without Lawyers? Insights from Italian Mediation

Abstract

This paper examines the relationship between attorneys’ representation of litigants and mediation outcomes in Italy. Based on exclusive data from a selection of Italian cities during the 2011–2017 period, we investigate whether attorneys’ involvement in a case is related to the parties’ probability to enter into a mediation agreement. We are particularly interested in Italian mediation because of its mandatory nature for selected categories of cases. Findings supply evidence on the puzzling role of lawyers in mediation. While plaintiffs’ legal representation turns out to be positively related to an increase in the likelihood of a mediation success, the sign is, unexpectedly but robustly, opposite in the case of defendants. Similar results seem to suggest that in the case of attorneys’ presence, the outcome of mediation mainly depends on their incentives and clients’ motivation within the process of dispute resolution. Beyond the scholarly interest, such results have also interesting policy implications.