La società moderna e le nuove esigenze di accesso alla giustizia.
The modern society and the changing needs of access to justice.

Summary/Abstract: The development of modern society is manifested by a socio-economic change that required the recognition of fundamental rights. The awareness of these rights has led to increased litigation in order to obtain protection. The result was the increase in cost and time of processes to obtain a judicial decision that is limited only to ensure compliance of the factual situations to abstract norms and establish winners and losers, with no real settlement of the conflict. In this social context, in which the subjects of law are now strangers to the reality of the courts, the Community legislature has intervened with Directive 2008/52/EC by which obliged Member States to adopt the procedure of mediation as an alternative method to the ordinary justice and returned to the persons active role in conflict management. The purpose of this paper is therefore to analyze the implications of social development on the reasonable duration of the process and, therefore,the right of the parties to the conflict to have swift justice, convenient and, most importantly, the composition of the real interests underlying the dispute. Within this reality, will be taken into account, in particular, the mediation procedure.

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