Definition of Mediation in Consumer Matters

Consumer Mediation is a dispute resolution process that occurs between a Consumer and a Professional following a contract regarding goods and services.

• In the event of problems relating to the purchase of a product or service, regardless of whether it was purchased online or directly in a store, the Consumer may resort to extrajudicial dispute resolution methods (so-called “Alternative Dispute Resolution” or “ADR”) governed by articles 141 to 141 decies of the Consumer Code.
• If the problem concerns a product or service purchased online, Consumers can submit a complaint via the ODR platform, managed by the European Commission.
• If the good or service was purchased abroad, in the European Union, Norway or Iceland, in case of problems, the Consumer can contact the European Consumer Centre (ECC-Net).

Consumers and businesses thus have the opportunity to resolve any national or cross-border disputes, regarding sales contracts or service provision, through an extrajudicial procedure managed by an ADR Body, whose work is supervised by a competent Authority.

The disputes for which it is mandatory to attempt Mediation in Consumer Matters at an accredited Body are:

• Disputes relating to the supply and contracts of Electricity
• Disputes relating to the supply and contracts of Gas for heating and cooking use
• Disputes relating to the supply and contracts of water and water services
• Disputes relating to the supply and contracts of mobile and fixed telephony services
• Disputes relating to the supply and contracts of telecommunication services
• Disputes relating to the provision of internet connectivity services and contracts
• Disputes relating to pay-TV contracts
• Disputes relating to the provision and contracts of postal services
• Disputes between economic operators who manage transport networks, infrastructures and services and users or consumers

ADR Bodies in Consumer Matters

ADR procedures are managed by specially established bodies active in the consumer sector (so-called ADR bodies). ADR bodies are defined as "any body, regardless of its name, established on a permanent basis, which offers the resolution of a dispute through an ADR procedure and is registered in the list established by the competent authority" (art. 141, paragraph 1, letter h).

The obligations, powers and requirements of ADR Bodies are regulated in art. 141-bis of the Consumer Code. For the purposes of registration in the list established by the competent Authorities, ADR Bodies must transmit a series of information pursuant to art. 141-novies.

The registration procedures and verification of compliance with the requirements of stability, efficiency, impartiality and general non-onerousness of the service for the consumer are regulated by each competent Authority (art. 141- decies).

How to choose the ADR Body

The choice of the ADR Body to contact is made based on the type of dispute that needs to be resolved.

In this regard, three scenarios can be distinguished:

1. The dispute arises in relation to a product or service that falls within a regulated sector.

2. The dispute arises in relation to a product or service purchased online.

3. The dispute arises in relation to a product or service that was purchased abroad,

in the European Union, Norway or Iceland.

If the problem concerns a product or service that falls within a regulated sector, the Consumer may contact the competent Authority for the relevant sector.

By virtue of the option provided for in Article 18 of the ADR Directive, the Italian State has chosen to designate more than one competent Authority based on the reference sector.

The competent authorities pursuant to art. 141-octies are the following:

• The Ministry of Justice together with the Ministry of Economic Development with reference to the
• Register of Mediation Bodies relating to the subject of Consumption pursuant to art. 16, paragraphs 2 and 4 of Legislative Decree 4 March 2010 n. 28.
• The Ministry of Justice together with the Ministry of Economic Development with reference to the
• Register of Mediation Bodies relating to the subject of Consumption pursuant to art. 16, paragraphs 2 and 4 of Legislative Decree 4 March 2010 n. 28;
• The National Commission for Companies and the Stock Exchange (CONSOB) through the Arbitrator for Financial Disputes (ACF);
• The Bank of Italy through the Financial Banking Arbitrator (ABF);
• The Regulatory Authority for Energy, Networks and the Environment (ARERA);
• The Communications Regulatory Authority (AGCOM);
• The Ministry of Economic Development with reference to the joint negotiations referred to in art. 141-ter relating to unregulated sectors, for which the relevant independent regulatory authorities do not apply or do not adopt specific provisions, as well as with reference to the Conciliation Bodies established by the Chambers of Commerce.
• ART - Transport Regulatory Authority for the management of mandatory conciliation procedures between economic operators who manage transport networks, infrastructures and services and users or consumers, pursuant to Article 10 of Law 5 August 2022, n. 118, at the

Accredited conciliation bodies.

Each competent Authority shall establish, by decree or internal provisions, a list of ADR Bodies. Each competent Authority shall register, suspend and cancel members and shall supervise the List as well as the individual registered ADR Bodies with regard to compliance with the requirements established by the Consumer Code.

Each Competent Authority notifies each update to the Ministry of Economic Development, which in turn communicates to the European Commission the List of the respective Competent Authorities. The List and the updates are transmitted to the European Commission by the Ministry of Economic Development as a “single point of contact”.

Our Organism

The ADR Service in Consumer Matters of the Conciliation Body Concordia et Ius srl offers the possibility of resolving commercial disputes involving companies and consumers, and in particular including those arising from the Internet and electronic commerce, without limits regarding the nationality of the Parties.

The Conciliation Body Concordia et Ius srl has Mediators who are experts in consumer matters included in the specific Register kept by the Ministry of Justice, who in order to operate have acquired and must maintain specific training in consumer matters, attending the relevant specialist training courses in this matter, which enable them to carry out the following activities:

• Management of mandatory conciliation procedures in energy matters (electricity and gas) and voluntary conciliation procedures relating to the water system, at the Conciliation Bodies accredited by the Regulatory Authority for Energy, Networks and the Environment (ARERA).
• Management of mandatory conciliation procedures in the field of telephony, Internet and pay-TV at the conciliation bodies accredited by the Communications Regulatory Authority AGCOM.
• Management of disputes between economic operators who manage transport networks, infrastructures and services and users or consumers, pursuant to Article 10 of Law 5 August 2022, no. 118 of ART.

The qualification of the consumer nature of the dispute and its value is indicated by the Party filing the application. For ADR procedures expressly regulated by provisions of law, this

Regulation applies where compatible.

The ADR procedures governed by this article do not fall within the scope of Legislative Decree 28/2010.