Giustizia consensuale e composizione del conflitto: verso soluzioni adeguate nel sistema pluralistico delle tutele

This article analyzes alternative dispute resolution methods as complementary tools to jurisdiction, not merely as deflationary remedies. Starting from a broad conception of justice, understood not only as a judge’s decision but as an appropriate solution to a specific case, the article emphasizes the distinction between procedural litigation and substantive conflict. Particular importance is given to language and listening, understood as tools for understanding the needs of others and bringing litigants closer together. From this perspective, the Cartabia reform confirms the central role of consensual justice in the pluralistic system of protections, promoting mediation, assisted negotiation, and resolution processes based on accountability, dialogue, and effective protection. The article also focuses on those sectors in which consensual tools may be especially strengthened, because the dispute concerns not only opposing rights but also complex interests, continuing relationships and future utilities, as in business crisis, family matters and disputes involving minors.