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 related to the purchase of a product or service, regardless of whether it was purchased online or directly in a store, the Consumer can 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 through 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 domestic or cross-border disputes regarding sales or service contracts through an out-of-court procedure managed by an ADR body, overseen by a competent authority.

The disputes for which it is mandatory to attempt consumer mediation 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 purposes
• 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 telecommunications services
• Disputes relating to the provision of internet connectivity services and contracts
• Disputes relating to pay-TV contracts
• Disputes relating to the supply 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 entities). ADR entities are defined as "any entity, regardless of its name, established on a permanent basis, which offers dispute resolution through an ADR procedure and is registered in the register maintained by the competent authority" (Article 141, paragraph 1, letter h).

The obligations, powers, and requirements of ADR entities are governed by Article 141-bis of the Consumer Code. To be registered with the competent authorities, ADR entities must submit a series of information pursuant to Article 141-novies.

The registration procedures and verification of compliance with the requirements of stability, efficiency, impartiality, and essentially low-cost service for the consumer are regulated by each competent Authority (Article 141-decies).

How to choose the ADR body

The choice of the ADR body to contact is made based on the type of dispute 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 relevant sector.

The competent authorities pursuant to Article 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 Consumer Matters pursuant to Article 16, paragraphs 2 and 4 of Legislative Decree No. 28 of 4 March 2010.
• The Ministry of Justice together with the Ministry of Economic Development with reference to the
• Register of Mediation Bodies relating to Consumer Matters pursuant to Article 16, paragraphs 2 and 4 of Legislative Decree no. 28 of 4 March 2010;
• The National Commission for Companies and the Stock Exchange (CONSOB) through the Arbitrator for Financial Disputes (ACF);
• The Bank of Italy through the Banking and Financial Arbitrator (ABF);
• The Regulatory Authority for Energy, Networks and the Environment (ARERA);
• The Italian Communications Regulatory Authority (AGCOM);
• The Ministry of Economic Development, with reference to the joint negotiations referred to in Article 141-ter regarding unregulated sectors, for which the relevant independent regulatory authorities do not apply or 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 establishes a list of ADR entities by decree or internal provisions. Each competent authority registers, suspends, and removes members and monitors the list and the individual registered ADR entities for compliance with the requirements established by the Consumer Code.

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

Our Organization

The Consumer ADR Service of the Conciliation Body Concordia et Ius srl offers the possibility of resolving commercial disputes involving companies and consumers, particularly those arising from the Internet and e-commerce, regardless of the nationality of the parties.

The Conciliation Body Concordia et Ius srl has expert consumer mediators registered in the appropriate register maintained by the Ministry of Justice. To operate, these mediators have acquired and must maintain specific consumer training, attending relevant specialist training courses in this field, which enable them to perform the following activities:

• Management of mandatory conciliation procedures for energy (electricity and gas) and voluntary conciliation procedures for the water system, through conciliation bodies accredited by the Italian Regulatory Authority for Energy, Networks and the Environment (ARERA).
• Management of mandatory conciliation proceedings regarding telephony, internet, and pay-TV at 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 legal provisions, this

The Regulation applies insofar as it is compatible.

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