MEDIATION BODY ENROLLED IN N. 809 OF THE REGISTER OF CONCILIATION BODIES AND IN N. 427 OF THE LIST OF TRAINING INSTITUTIONS ACCREDITED BY THE MINISTRY OF JUSTICE
MEDIATION BODY ENROLLED IN N. 809 OF THE REGISTER OF CONCILIATION BODIES AND IN N. 427 OF THE LIST OF TRAINING INSTITUTIONS ACCREDITED BY THE MINISTRY OF JUSTICE
When you are a consumer
Definition of mediation in matters of consumption
Consumer Mediation is a dispute resolution process that occurs between a Consumer and a Professional following a contract concerning goods and services.
In the event of problems connected 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 out-of-court dispute resolution methods (so-called "Alternative Dispute Resolution" or "ADR") regulated by articles 141 to 141 decies of the Consumer Code. If the problem concerns a product or service purchased online, Consumers can file a complaint via the ODR platform, managed by the European Commission. If the good or service was purchased abroad , in the European Union, in Norway or in Iceland, in case of problems, the Consumer can contact the European Consumer Center (ECC-Net).
Consumers and businesses thus have the opportunity to resolve any national or cross-border disputes, regarding sales contracts or the provision of services, through an out-of-court procedure managed by an ADR body, whose work is supervised by a competent authority.
The disputes for which it is mandatory to carry out an attempt at Mediation in the matter of Consumption with 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 for 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 telephone 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 that manage networks, infrastructures and transport services and users or consumers
ADR Bodies in the matter of Consumption
ADR procedures are managed by specifically established bodies active in the consumer sector (so-called ADR bodies). ADR bodies are defined as "any body, regardless of its denomination, 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, faculties and requirements of the ADR Bodies are governed by art. 141-bis of the Consumer Code. For the purpose of enrollment in the list established by the competent Authorities, the 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 the tendential non-onerousness of the service for the consumer are governed by each competent Authority (art. 141-decies).
How to choose the ADR body
The choice of which ADR Body to contact is made according to 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 which 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 can contact the competent Authority for the reference sector.
By virtue of the option provided for in art. 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 as follows:
The Ministry of Justice together with the Ministry of Economic Development with reference to the Register of Mediation Bodies relating to the matter of Consumption pursuant to art. 16, paragraphs 2 and 4 of the 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 matter of Consumption pursuant to art. 16, paragraphs 2 and 4 of the 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 Energia Reti and Environment (ARERA); The Guarantor Authority for Communications Guarantees (AGCOM); The Ministry of Economic Development with reference to joint negotiations pursuant to art. 141-ter relating to unregulated sectors, for which the relative independent regulatory authorities do not apply or do not adopt specific provisions, as well as with reference to the Conciliation Bodies set up by the Chambers of Commerce. ART - Transport Regulation Authority for the management of proceedings of compulsory conciliation between the economic operators who manage transport networks, infrastructures and services and the users or consumers, pursuant to article 10 of the law of 5 August 2022, n. 118, at the
Accredited conciliation bodies.
A list of ADR Bodies is set up in each competent Authority by decree or internal provisions. Each competent Authority provides for the registration, suspension and cancellation of the members and supervises the List as well as the individual ADR Bodies registered 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 the List of the respective competent Authorities to the European Commission. The List and updates are sent to the European Commission by the Ministry of Economic Development as a "single point of contact".
Our Organization
The ADR service in matters of consumption of the conciliation body Concordia et Ius srl - which is undergoing accreditation with the competent authorities - offers the possibility of resolving disputes of a commercial nature involving businesses and consumers, and in particular including those arising from
Internet and electronic commerce, without limitation regarding the nationality of the Parties.
The Concordia et Ius srl conciliation body has expert mediators in the field of consumption included in the appropriate register kept by the Ministry of Justice, who have acquired and must maintain specific training in the field of consumption in order to operate, by attending the related specialist training courses in this matter, which enable them to perform the following activities:
Management of mandatory conciliation proceedings in energy matters (electricity and gas) and voluntary relating to the water system, with conciliation bodies accredited by the Regulatory Authority for Energy, Networks and the Environment (ARERA). Management of conciliation proceedings compulsory in the field of telephony, Internet and pay-TV at the conciliation bodies accredited by the AGCOM Communications Authority. Management of disputes between economic operators that manage transport networks, infrastructures and services and users or consumers, pursuant to pursuant to article 10 of the law of 5 August 2022, n. 118 of ART.
The classification of the consumer nature of the dispute and its value is indicated by the Party filing the request. For ADR procedures expressly governed by legal provisions, this
Regulation applies as compatible.
The ADR procedures governed by this article do not fall within the scope of the Legislative Decree 28/2010.
