Proposal for an Italian Family Mediation Clinic

Abstract

Section A of this paper discusses the historical evolution of clinical legal programs in the United States, the homeland of clinical legal education. Next, the current framework of Italian legal clinics is discussed, focusing on its American heritage and associated nuances.

Section B considers why mediation would be particularly suitable for the creation of an Italian legal clinic, given the recent incentives created by the European legislature to strengthen alternative dispute resolution. The evolution of the Columbia Law School Mediation Clinic is described, from its beginning to the recent creation of an advanced clinic model, and insights from this process are discussed in terms of the Italian legal and family environment.

Section C lays out baseline considerations and recommendations for creating a family mediation clinic at LUMSA. Three different approaches to family and community mediation previously adopted in the context of clinical legal education are analysed: facilitative mediation, transformative mediation, and peacemaking circle. A model for the clinic is proposed, with suggestions for sources and materials from which the curriculum might be drawn.