Assisted Negotiation

Assisted Negotiation

Article 2-ter of Legislative Decree No. 132/2014 (converted into Law No. 162/2014), introduced by Legislative Decree No. 149/2022, effective from 28/2/2023, has established the possibility of resorting to negotiated settlement for disputes under Article 409 of the Italian Civil Procedure Code (CPC) and has stipulated that the related agreement must be transmitted, by the parties, within 10 days, to one of the certification commissions referred to in Article 76 of Legislative Decree No. 276/2003.

The certification commission at the University of Tuscia offers a service for receiving and archiving, also in compliance with personal data protection rules.

The transmission of the negotiated settlement agreement to the certification commission at the University of Tuscia must be carried out through the procedure described below.

Procedure and Documents to be Submitted

• To access the certification services, it is necessary for the employer party to adhere to the Framework Convention beforehand. Adhesion can also be made by individual professionals or professional studios for their clients. The adhesion form to the Framework Convention, duly signed and completed, must be sent to the certified email address negoziazioneassistita@pec.unitus.it.
• The employer party, using the appropriate form prepared by the Commission, requests the transmission of the negotiated settlement agreement. The form must be completed in its entirety and digitally signed by the requesting party. The form can be transmitted by one of the parties to the Agreement or by the legal representatives who have assisted with the negotiated settlement agreement with a specific power of attorney (sample power of attorney).

The following documents must be attached to the request:

• Negotiated Settlement Agreement: In case of a negotiated settlement agreement finalized electronically, the transmitted copy must be created and signed in compliance with the provisions of Legislative Decree No. 82/2005; In case of a negotiated settlement agreement finalized in an analog manner, the signatures of the parties must be certified by the lawyers who assisted with digital signatures, in compliance with the technical rules of Article 20, paragraph 1-bis, Legislative Decree No. 82/2005.
• Privacy Form: Completed in its entirety and digitally signed by each party to the Agreement and by the lawyers who assisted with the Agreement.
• Invoicing Module: The invoice will be issued to a single entity indicated in the request and in the module for the issuance of the electronic invoice, and the cost-sharing between the requesting parties will not be provided.
• Declaration of Lawyers: Assisting parties must declare, under their responsibility, that they have verified compliance with legal norms and that the parties had the necessary powers to sign the agreement.

The request and its attachments must be transmitted exclusively through the certified email of the requesting party to the following address of the certification commission at the University of Tuscia dedicated to negotiated settlement: negoziazioneassistita@pec.unitus.it, with a copy to commissione.certificazione@pec.unitus.it.

Requests transmitted from non-certified email addresses will not be considered.

The subject of the transmission email must contain the following wording: “Negotiated Settlement – names of the parties – date of signing”.

For further information, please contact the following email address: commissione.certificazione@unitus.it.