Compulsory attempt at conciliation in agricultural disputes

The attempt is an obligatory and preventive step, to be activated before the commencement of any agricultural dispute.

The rules currently in force(Article 46 of Law No. 203 of 1982 and Article 11 of Legislative Decree No. 150 of 2011) provide that the attempt at conciliation may not be made after the commencement of the legal proceedings.

In order to ascertain whether or not the claim is admissible, the court seised of a dispute concerning agricultural contracts must ascertain whether or not the compulsory attempt at conciliation has been made, both with regard to the coincidence of the persons participating in it with the parties to the proceedings, and with regard to the identity of the claims formulated therein with those subsequently proposed in the proceedings, declaring them inadmissible.

On the subject of agrarian disputes, the mandatory attempt at conciliation - which is a condition for the admissibility of legal action - is discharged by the mere request for the procedure to be activated at the competent offices.

The applicant must attend at least the first session, unless materially impossible.

The application may be submitted by the interested party to the competent judicial authority (Specialised Agricultural Section).

The requesting party shall complete the prescribed forms in full (specifying the subject matter of the dispute and the grounds for the dispute)

(a) a copy of a valid identity document of the applicant;

b) the documents mentioned in the application, as well as any other documents deemed useful.

Everything must be forwarded to the competent office as indicated on the forms.