L’arbitrato e il processo di famiglia

The new unified procedural framework offers significant grounds for reflection as to the concrete prospects for the recourse to arbitration in disputes arising from family breakdown. The evolving normative landscape at both the domestic and supranational levels reveals an increasing openness toward models compatible with the coexistence of arbitration with substantive and procedural family law—an openness that, until only a few years ago, would have appeared inconceivable. This development makes it possible to envisage forms of integration between family court proceedings and arbitral mechanisms, capable of generating a virtuous synergy that supports more informed judicial decision-making and promotes the principle of effective and timely judicial protection for the parties.