Revision of Forensic Parameters: The New Frontier between ADR and AI

1. The facts

   According to reports by Il Dubbio, the National Bar Council (CNF) is completing the proposal to update Ministerial Decree 55/2014 during 2024, ahead of its submission to the Minister of Justice Carlo Nordio. The process aims to resolve the long-standing uncertainty regarding the liquidation of fees for alternative dispute resolution (ADR) procedures, made mandatory by the Cartabia Reform.

   Public debate has focused on the need to ensure a fee proportionate to the effort required by extrajudicial procedures, avoiding devaluation of the service. Currently, the proposal is being finalized by the CNF; only after submission to the Ministry and the Minister's signature will the text be reviewed by the Council of State for a preliminary opinion, before its final publication.

2. 

   Relevant laws

   1. Law No. 247/2012 (Legal Profession Act): Article 13 is the foundation of the ministerial power to set parameters in the absence of an agreement between parties.
   2. Law No. 49/2023 (Fair Compensation Act): mandates that every fee must be proportionate to the quality and quantity of work, making agreements that fall below tariff minimums with so-called strong contractors null and void.
   3. Legislative Decree No. 149/2022 (Cartabia Reform): enhanced mandatory mediation, necessitating specific tabular coverage for the activation, negotiation, and conciliation phases, previously liquidated inconsistently.

3. Case law

   Supreme Court jurisprudence has consolidated the principle of tempus regit actum, establishing that professional fee liquidation must refer to the parameters in force at the time the service ended, regardless of when the assignment began. This means the new 2024 tables will apply immediately to all proceedings ending after their entry into force.

   Furthermore, the prevailing trend requires the judge to provide analytical reasoning if they decide to deviate from the average parameter values. It has been clarified that fee liquidation cannot be carried out in a lump-sum or generic manner, especially when the activity involved complex phases such as mediation, where the outcome achieved must be directly reflected in the amount of the fee granted to the defense.

5. Analysis drafted and verified with edit.legal

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8. Lessons for professionals

   1. Detail ADR activity: it is essential to analytically document every phase of mediation, specifying the hours spent and the complexity of the settlement proposals formulated.
   2. Regulate AI use: include specific clauses in the engagement letter clarifying that the use of artificial intelligence tools is a firm investment aimed at improving service quality and not a reduction in professional effort.
   3. Monitor minimums: constantly verify that judicial liquidations respect the minimum parameters of Law 49/2023, promptly appealing decisions that violate the principle of fair compensation.

References: Legge 31 dicembre 2012, n. 247Legge 21 aprile 2023, n. 49D.M. 10 marzo 2014, n. 55D.Lgs. 10 ottobre 2022, n. 149

Editorial oversight: Avv. Federico Papa·ICAMUpdated 17 September 2026Content drafted with AI support and subject to editorial source checks. Despite these controls, inaccuracies may remain: reports and rectification requests are welcome. Report a correction