New rights claiming judicial attention have produced several judicial roles. One judicial role is that of guardian of due process. The crisis of this role, however, is caused by the many statutes that require an active, nontraditional judge to complete their meaning and implement them. A second role for the civil judge, sometimes termed "new guarantee," involves both substantive and procedural protection of "new rights." The third judicial role in Italian civil justice is that of policymaking that tries, through judicial decisions, to provide general answers to social and political problems. Proposals to improve the civil justice system will require a choice between the goals of due process and efficiency. The problem of choosing between these often incompatible goals becomes even more evident in the context of new forms of private dispute resolution, notably arbitration. 53 references.