ADR Mediation Regulations in Consumer Matters

Art. 1 - Regulation on consumer matters - Scope of application

The Regulation adopted by the Conciliation Body Concordia et Ius srl in matters of consumption complies with the Consumer Code, Legislative Decree no. 206 of 6 September 2005, and in particular the provisions of Art. 141 quater, Part V, Consumer Associations and Access to Justice – Title II bis - Out-of-Court Dispute Resolution, which is hereby deemed to be referred to, and Decree no. 150 of 24 October 2023.

The Conciliation Body Concordia et Ius srl, has its registered office in Palermo at Via G. Sciuti, n. 180, Postcode 90144, tel: 39 091 7725986 fax: 39 091 7725972, by email info@concordiaetius.it and certified email concordiaetius@mypec.eu, is insured with Allianz Professional Liability Insurance Policy n. 253111508, has the following VAT number 01996100507 and is registered at no. 809 of the Register of Conciliation Bodies and at no. 427 of the List of Training Bodies held by the Ministry of Justice; is registered in the List of ADR Bodies of the Italian Communications Regulatory Authority (AGCOM), with Directorial Decision 1/2023 of May 3, 2023; is registered in the List of ADR Bodies of the Transport Regulation Authority – (ART) with Prot. No. 24676/2023; is registered in the List of ADR Bodies – (ARERA) under no. 2/DACU/2023; is registered on the ODR Platform managed by the European Commission, having been notified to the latter by the Ministry of Business and Made in Italy (MIMIT).

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 use

● Disputes relating to the supply and contacts 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 who manage transport networks, infrastructures and services and users or consumers.

1. The Consumer ADR Service of the Conciliation Body Concordia et Ius srl offers the possibility of resolving commercial disputes involving companies and consumers without restrictions regarding the nationality of the Parties.

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

● a) 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).

● b) Management of mandatory conciliation procedures in the fields of telephony, Internet and pay-TV at the conciliation bodies accredited by the Communications Regulatory Authority – (AGCOM).

● c) 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 the Transport Regulatory Authority – (ART)

● d) Online management of disputes on the ODR Platform managed by the European Commission, where the Conciliation Bodies have been approved with reference to quality standards concerning fairness, efficiency and accessibility.

3. The Conciliation Body Concordia et Ius srl has expert consumer mediators responsible for resolving disputes who possess adequate and specific training, in accordance with the provisions of the individual competent authorities (Article 141-bis, paragraph 4, letter a), and complies with the obligations of transparency, impartiality, and fairness towards the parties to the proceedings and consumers in general, informing the parties, through annual reports, about the procedural methods, the types of disputes, the rules governing the submission of complaints, the criteria guiding the adoption of decisions, etc. (Article 141-bis).

The Organization certifies the personal details and curriculum vitae of each of the Mediators included in the Lists referred to in Article 3, paragraphs 6 and 7, the language certifications obtained by each and their remuneration, as well as, for each Mediator, their possession of the requirements set out in Article 8, and their commitment to comply with Article 141-bis, paragraphs 5 and 7 of the Consumer Code.

Pursuant to Article 9, letter c) of Decree No. 150 of October 24, 2023, the Conciliation Body Concordia et Ius srl undertakes to conduct mediation procedures for the resolution, including electronically, in accordance with Article 141-bis, paragraph 1, letters a), c), d, and e) of the Consumer Code, of domestic and cross-border disputes between consumers and professionals resident or established in the European Union. The ADR Body proposes a solution or brings the parties together to facilitate an amicable resolution.

Pursuant to Article 9, letter h) of Decree No. 150 of October 24, 2023, the Conciliation Body Concordia et Ius srl undertakes to carry out the procedures referred to in letter c) in compliance with Article 141-quater, paragraphs 4 and 5 of the Consumer Code, and to apply the compensation due for the service provided in accordance with the guidelines established pursuant to Article 141-octies, paragraph 2 of the Consumer Code.

4. The quality of the procedure is guaranteed by compliance with the ADR legislation on Consumer Affairs, contained in the Directive, and by the monitoring activity on the activities of the registered Bodies carried out by the competent Authority: in particular, the registration of the Body in the list managed by the competent Authority provides the registered ADR Bodies with a quality certification, giving them visibility at European level through inclusion on the ODR platform.

5. Recourse to an ADR procedure does not affect the Consumer's or Professional's right to appeal to the competent judicial authority (Article 141, paragraph 10). Regardless of the outcome of the ADR procedure, the Consumer retains the fundamental right to appeal to the competent judicial authority (this is a fundamental right established by the European Convention on Human Rights).

6. The classification of the consumer nature of the dispute and its value is indicated by the Party filing the application. For ADR procedures expressly governed by legal provisions, this Regulation applies where compatible.

7. The ADR procedures governed by this article do not fall within the scope of application set forth in the provisions of Legislative Decree 28/2010.

Art. 2 - Initiation of the procedure

The ADR procedure is initiated by filing an application with the Secretariat of the Conciliation Body Concordia et Ius srl, using any means suitable to prove receipt and simultaneous payment of the procedure fees, in the amount due pursuant to the Consumer Mediation Fee Tables, plus 22% VAT as required by law, in compliance with art. 33 of Decree no. 145 of 24 October 2023. Filing the Consumer Mediation application, as well as the Invited Party's participation in the procedure, constitutes acceptance of these Regulations and the fees set out in the following table. ADR procedures for Consumers only always have a fixed fee of €10.00 plus 22% VAT as required by law. "Professionals", i.e., individuals not classified as consumers, i.e., natural or legal persons who have established the contractual relationship at issue for purposes not unrelated to their business, and "Prosumers", i.e., those who are both producers and consumers, will instead pay the sum indicated in the table below for the relevant value of the dispute, plus 22% VAT as required by the legislation currently in force.

The Mediation application must be completed using the form available on the website www.concordiaetius.it/Mediazione-in-materia-di-consumo and must contain:

● the identification data of the parties in order to allow the communications referred to in this Regulation;

● the identification data of the person who, if necessary, will participate and represent the Party in the proceedings, with written certification of the relevant power to conciliate;

● the description of the facts and issues in dispute and the subject of the application;

● indication of the value of the dispute determined in accordance with the Code of Civil Procedure, according to the Tables of Mediation Fees in Consumer Matters indicated in art. 2 of these Regulations;

● the identification data of the Party's lawyer, if present in Mediation, with the relevant power of attorney granted.

The attached documentation deemed suitable by the Applicant

The Secretariat will send the letter initiating the Mediation to the Invited Party and the designated Mediator via certified email or registered mail and will inform the Requesting Party that the request to initiate the ADR procedure has been accepted and the name of the Mediator designated by the Head of the Organization, within 3 days of the actual receipt of the Mediation request from the Requesting Party, using a means suitable for demonstrating receipt, inviting the Requesting Party to respond within 15 days of receiving such communication.

If the Invited Party agrees to participate, it sends its application, simultaneously pays the fees set out in the Consumer Mediation Fee Tables, and the procedure begins.

ADR procedures are conducted entirely in accordance with the procedures set forth in Article 5 of these Regulations, and therefore may alternatively be conducted in person, electronically, and in a simplified manner, through non-simultaneous exchange of communications between the Parties and the appointed Conciliator, using remote communication tools, in compliance with the rules on the processing of personal data and confidentiality.

The request to initiate the ADR procedure may be rejected by the Conciliation Body Concordia et Ius srl for one of the following reasons:

● the Consumer did not attempt to contact the professional concerned to discuss his complaint nor did he try, as a first step, to resolve the matter directly with the Professional;

● the dispute is frivolous or reckless;

● the dispute is being examined or has already been examined by another Conciliation Body or by a judicial body;

● the value of the dispute is below or above a pre-established monetary threshold at a level that does not significantly impair the consumer's access to complaint handling;

● the consumer has not submitted the application to the Conciliation Body

Concordia et Ius srl ADR within a pre-established time limit, which must not be less than one year from the date on which the consumer submitted the complaint to the professional;

● handling this type of dispute would risk significantly harming the effective functioning of the Concordia et Ius srl Conciliation Body

The decision to reject the initiation of the procedure is left exclusively to the discretion of the designated Mediator, following the effective initiation of the Mediation and the subsequent acceptance of the Invited Party's request. If, in accordance with its procedural rules, the Mediator designated by the Organization decides to reject a dispute assigned to him/her, he/she may provide both parties who have accepted the Mediation with a reasoned communication explaining his/her decision not to consider the dispute within twenty days of the Invited Party's acceptance. If this deadline elapses without any communication from the Mediator, the Mediation will continue as normal.

Art. 3 - The Mediator in consumer matters

1. The Mediator is required to carry out his function by basing his conduct on probity and correctness so that the proceedings are conducted impartially and independently. He must conduct himself during the proceedings in such a way as to preserve the trust placed in him by the parties and remain immune from external influences and conditioning of any kind.

2. The Mediator does not decide the dispute, but helps the Parties find an agreement that they consider satisfactory for the resolution of the dispute. The Mediator has specific training in Mediation techniques and a

specific knowledge in the sectors regulated by the respective Authorities, with particular regard to user rights and the quality of services.

3. Under no circumstances will the Mediator provide consultancy on the subject of the dispute or the contents of any agreement, except to verify its compliance with mandatory provisions and public order.

4. Its functions, in particular, are:

● third facilitator, who helps the Parties to dialogue and find a shared solution (“conciliation agreement”) to the dispute;

● third evaluator, who, at the request of the Parties or independently, and based on the documentation filed and the declarations made, formulates a non-binding solution proposal.

5. The Mediator is selected by the Head of the Organization from among the names of Mediators accredited by the Consumer Conciliation Organization, included in a specific list drawn up on the basis of criteria of competence and professionalism, in compliance with current legislation, and available in alphabetical order on the Organization's official website.

6. The Parties may jointly propose the Mediator, from among the names of Mediators specialized in consumer matters, among those expressly accredited by the Conciliation Body Concordia et Ius srl

7. However, the Head of the Organization is not bound by this indication and is free to evaluate the opportunity to follow up on the Parties' request.

8. The appointed Mediator must communicate to the Secretariat, even through informal channels, his acceptance of the assignment within two days of notification of his appointment.

9. Upon acceptance of the assignment and in any case upon issuing the closing minutes of the Mediation, in the event of non-adherence by the Invited Party, the Mediator must sign a specific declaration of impartiality and adherence to the European Code of Conduct for Mediators.

10. In any case, the Mediator may not subsequently perform the functions of Defender or Arbitrator between the same Parties and in relation to the same dispute.

11. The Mediator must not be in any of the situations of incompatibility provided for by specific laws and the Code of Ethics, nor in situations of conflict of interest. In such cases, the designated Mediator must refrain from accepting the assignment, declaring the impediment to the Head of the Organization, or terminate the assignment if the incompatibility or conflict of interest arises during the procedure. The Mediator is therefore required to promptly notify the Secretariat of any fact or situation that could, in any way, lead to a possible situation of incompatibility, even if it emerged after accepting the assignment and/or during the Mediation Procedure.

12. The Mediator must personally perform his service.

13. The Mediator may, depending on the complexity of the dispute, arrange for the Parties to meet in person or via web conference, with at least 7 days' notice.

14. The Head of the Conciliation Body, Concordia et Ius srl, may always agree with the Mediator to appoint an assistant to assist him in performing his duties. The performance of this assistant role is relevant ad adiuvandum for the ongoing, medium-term training required by law of the Mediator.

15. Only in the event that such designation is made for a fee, it is necessary that all Parties agree and jointly undertake to bear the related costs in equal measure.

16. The Parties may request the Head of the Conciliation Body Concordia et Ius srl, for justified and serious proven reasons, to replace the Mediator.

17. The Head of the Body will evaluate the validity of the reasons given and communicate his or her decision regarding any replacement. If the request is accepted, the Conciliation Body will appoint another Mediator and will also replace the previously appointed Mediator if, during the proceedings, the Mediator resigns from the assignment by submitting a written and duly justified declaration, which must be accepted by the Head of the Body.

18. The Head of the Organization may at any time, for reasons of convenience, replace the previously designated Mediator, simply by notifying the participants in the Mediation.

19. Any Mediator who no longer meets the requirements set out in Article 3, paragraph 11 of the Regulation, or who has ceased to perform this function, or who requests it, will be removed from the list of Consumer Mediators of the Conciliation Body Concordia et Ius srl.

Art. 4 - The Secretariat

1. The Secretariat administers the ADR service in consumer matters.

2. The Secretariat maintains a register, including electronic records, for each Consumer Mediation proceeding, with notes regarding the serial number, the parties' identification data, the subject of the dispute, the designated Mediator, the duration of the proceeding and its outcome, and other data deemed useful pursuant to the provisions of Article 141-Quater of the Consumer Code.

3. The Secretariat verifies:

● the compliance of the Mediation request with the formal requirements set out in this Regulation and with current legislation and records it in the appropriate register;

● payment of the costs for initiating the mediation procedure and the costs of the mediation procedure have been made. Furthermore, the Secretariat shall communicate, within 3 days of receiving the mediation request and in a form proving receipt: To the Requesting Party:

● The name of the designated Mediator

● The receipt of the request for Mediation sent to the Invited Party To the Invited Party or to the other Parties:

● The request for mediation

● The name of the designated Mediator

● The invitation to communicate your participation within fifteen days of receiving the invitation.

The Secretariat verifies the Parties' willingness to participate in the ADR procedure and provides all necessary communications, which are carried out using the most suitable means of communication.

4. The Mediator communicates the conclusion of the proceedings to the Secretariat, which notifies the Parties:

● if the Party Invited to participate in the ADR procedure expressly refuses to join the procedure;

● if no less than 15 days have passed since the invitation to the Invited Party, without the Secretariat receiving acceptance with communication of its membership;

● at any time the Parties declare or demonstrate that they have no interest in continuing the ADR procedure, therefore in the presence of an express request to close the Mediation with a negative report at the request of the Parties or to renounce the Mediation at the request of the Party Requesting Mediation;

● when the deadline referred to in art. 5 paragraph 8 of this Regulation, possibly extended, has elapsed in vain;

● when an agreement is reached between the Parties;

● when the solution proposals drawn up by the Mediator are sent to the Parties, and the Parties do not adhere to the conciliatory proposals formulated;

● when the Mediator, at his own discretion, does not deem it useful to continue the proceedings.

5. If the Mediation has not taken place because the Invited Party has not promptly expressed its consent or has expressly communicated its refusal to participate and/or the Requesting Party has declared that it does not wish to proceed, the Secretariat will issue, upon request of the Requesting Party, in compliance with the Mediation payments, a declaration of conclusion of the proceedings, signed by the designated Mediator.

The document will certify in writing:

● a. the filing of the application;

● b. failure to adhere to the Invited Party procedure;

● c. the waiver of Mediation by the Applicant Party;

● d. the closure of the Mediation procedure for any reason.

6. The Secretariat, upon recommendation of the Head of the Organization, may arrange for the selected Mediators to complete the supervised internship alongside the designated Mediator, subject to prior communication of their names to the Parties, who may refuse the intern's presence or request their removal at any time. The intern may not interfere in any way in the Conciliation procedure and is bound by the same obligations of confidentiality, independence, and impartiality as all Mediators.

7. Responsibilities of the Parties.

It is the exclusive responsibility of all Parties and therefore they are personally responsible for:

● a) the subject matter of the dispute being subject to the Consumer Mediation procedure. The Conciliation Body Concordia et Ius srl is not responsible for any exclusions, preclusions, statutes of limitations, and forfeitures not promptly and clearly reported when submitting the application;

● b) the information relating to the object and reasons for the request and the objections to it, respectively indicated in the request/application and in the adhesion to the Mediation;

● c) the identification data of the Parties involved and the correct contact details to which communications should be sent;

● d) the determination of the value of the dispute;

● e) the form and content of the deed of delegation to one's representative;

● g) the non-existence of other conciliation procedures relating to the same dispute before different bodies;

● h) in general any declaration provided to the designated Body or Mediator, from the filing of the application to the conclusion of the procedure.

Art. 5 - Conduct of the procedure

1. The ADR procedure may take place:

● Through actual meetings between the Mediator and the Parties at the registered office of the Concordia et Ius srl Conciliation Body; the location may be waived with the consent of all parties, the Mediator, and the Body's Manager, providing that the meetings may be held at the local office of the Concordia et Ius srl Conciliation Body closest to the Consumer's residence, where available.

● Using remote communication tools in compliance with the rules on the processing of personal data and confidentiality.

● Through non-simultaneous exchange of asynchronous communications between the Parties and the appointed Mediator, in compliance with the rules on the processing of personal data and confidentiality.

2. The language of the procedure will be Italian or, at the joint request of both Parties, English.

3. The Head of the Organization, after consulting with the designated Mediator, may, however, decide to initiate and/or continue in-person meetings, as an alternative to conducting ADR procedures entirely online and in a simplified manner, through a non-simultaneous exchange of communications between the Parties and the appointed Conciliator, using remote communication tools, in compliance with the rules on the processing of personal data and confidentiality. It will also be possible, at the discretion of the designated Mediator, to hold mixed-method meetings, in which one Party is physically present on-site and the other is connected remotely via remote communication tools, in compliance with the currently applicable legislation on remote mediation.

4. The procedure will begin within 30 (thirty) days of the adhesion of the defendant Party unless otherwise agreed between the Parties or justified organizational needs of the Service.

5. The Parties participate in the procedure in person or, in the case of legal entities, through their legal representative. The Parties may be represented by specially delegated individuals, through their own representatives with all necessary negotiating powers.

6. The Parties have the right – but not the obligation – to seek assistance from lawyers, representatives of consumer or trade associations, or other trusted persons.

7. In any case, it is necessary for each Party to communicate to the Secretariat, with sufficient notice, who will participate in the ADR procedure or parts of it, as well as, if assisted by Lawyers, the complete personal details of the Lawyers representing them.

8. If the Invited Party accepts the procedure, it will last a maximum of 90 days from receipt of the request to initiate it; this deadline may be extended, if necessary, for a single additional 90 days; the Parties must be informed of this extension and of the new deadline for completing the procedure (Article 141-quater, paragraph 3, letter e). After 30 days from the initiation of the procedure, the Mediator, unless he deems further discussions with the Parties appropriate for the purpose of reaching a conciliatory solution to the dispute, may draw up a summary report noting only the subject matter of the dispute and that the dispute has been subjected to a failed conciliation attempt, following an unsuccessful exchange of communications with the parties.

9. The Mediator conducts the meeting without procedural formalities and may hear the Parties jointly and separately, using any technologically available means.

10. In special cases, upon joint request of the Parties, the Secretariat may propose a Technical Mediation Consultant (CTM), following the instructions provided by the Mediator, provided that all the Parties requesting it undertake to equally bear the related costs, without creating, under any circumstances, any obligation towards the Conciliation Body Concordia et Ius srl, nor the Mediator, in favor of and towards the Consultant eventually appointed by the Parties.

11. The Conciliation Body Concordia et Ius srl has expert consumer mediators responsible for resolving disputes who possess adequate and specific training, in accordance with the provisions of the individual competent authorities (Article 141-bis, paragraph 4, letter a), and complies with the obligations of transparency, impartiality, and fairness towards the parties to the proceedings and consumers in general, informing the Parties, through annual reports, about the procedural methods, the types of disputes, the rules governing the submission of complaints, the criteria guiding the adoption of decisions, etc. (Article 141-bis).

12. The quality of the procedure is guaranteed by compliance with the ADR legislation on Consumer Affairs contained in the Directive and by the monitoring activity on the activity of the registered Bodies carried out by the competent Authority: in particular, the registration of the Body in the list managed by the competent Authority provides the registered ADR bodies with a quality certification, so as to give them visibility at European level through inclusion on the ODR platform.

13. Recourse to an ADR procedure does not affect the Consumer's or Professional's right to appeal to the competent judicial authority. Specifically, regardless of the outcome of the ADR procedure, pursuant to Article 141, paragraph 5 of Legislative Decree No. 6 of September 6, 2006, the Consumer retains the fundamental right to appeal to the competent judicial authority (this is, in fact, an inalienable and fundamental right established and unequivocally recognized by the European Convention on Human Rights).

Art. 6 - Conclusion of the procedure

1. The ADR procedure ends in each of the following cases:

● a. if the Party Invited to participate in the ADR procedure expressly refuses to join the procedure, upon express request of the Requesting Party or upon evaluation by the Mediator, the Mediation will be concluded with a negative report or with the withdrawal of the application;

● b. if no less than 15 days have passed since the invitation to the Invited Party, without the acceptance of the Invited Party having reached the Secretariat of the Organization, in the manner provided, with the communication of its adhesion, the Mediation will be defined with a negative report;

● c. If, during the Mediation procedure, the Parties who have actually joined it, individually and/or jointly declare that they wish to close the Mediation with a report of Failure to Reach an Agreement, or demonstrate through their conduct, held within the Mediation, that they no longer have any interest in continuing the ADR procedure;

● d. when the deadline referred to in art. 5 paragraph 8 of this Regulation, possibly extended, has elapsed in vain;

● e. when an agreement is reached between the Parties;

● f. when the proposed solution drawn up by the Mediator is sent to the Parties, and the Parties do not adhere to the conciliatory proposal formulated within ten days of the proposal being notified or any new proposal from the Mediator duly communicated to the Parties which is not accepted positively within the same period;

● g. when the Mediator, at his sole discretion, does not deem it useful to continue the proceedings;

2. If an agreement is reached, the Mediator draws up a report containing the text and terms of the agreement. If conciliation fails, the Mediator draws up a report indicating any proposals made by the Mediator.

Any conciliation agreement reached by the Parties following the facilitation of the Mediator or through the acceptance of a conciliation solution proposal formulated by the Mediator, bearing the signature of the Parties and/or their lawyers, if appointed, each provided on the basis of their respective representation mandate, where applicable, also with the related power of conciliation and, where applicable, of collection, when the request for Mediation constitutes a condition of admissibility, has the value of an enforceable title.

3. At the conclusion of the ADR procedure, the Mediator draws up a report acknowledging the outcome of the procedure and sends it first to the Invited Party, and then to the Requesting Party, to be signed digitally or using another suitable electronic method, ensuring its authenticity in accordance with current legislation. The Mediator, after receiving the agreement report digitally signed by the Parties, in turn digitally signs it, certifying the accuracy of the report, and files or sends it to the Secretariat, which will send a copy to the Parties participating in the Mediation and attach it to the procedural documents.

No report on the outcome of the mediation will be issued to the Party that does not participate in the mediation unless the relevant fees are paid. Therefore, failure to accept the invitation to participate in the mediation within fifteen days of receiving it will result in a negative report being issued in favor of the Requesting Party only.

4. The minutes drawn up by the Mediator cannot and must not contain any reference to statements by the parties, unless they jointly request them. In any case, in the event of a negative report due to a lack of agreement between the parties actually participating in the Mediation, the Mediator may, at his or her discretion, and without any legal obligation, indicate which Party declares it does not wish or is unable to continue the Mediation and what the objective obstacles are that prevent the continuation of the Mediation. If one or both Parties are unable to sign the minutes due to a technical impediment or other cause, the Mediator will digitally sign the minutes, certifying that they have been drawn up in accordance with the results of the procedure, specifying, in that case, the reasons for the failure to sign.

5. The Parties may express their opinions and assessments regarding the procedure by completing and submitting by post or email the appropriate form, which can be downloaded at any time from the Concordia et Ius srl Conciliation Body website at www.concordiaetius.it/modulistica.

6. All tax charges arising from the agreement reached shall be borne by the Parties.

Art. 7 - Confidentiality

Participants' personal data and information arising from or relating to mediation or ADR procedures will be processed in accordance with and in accordance with the procedures set forth in Article 4 of the European Code of Conduct for Mediators.

The mediation process is confidential, and nothing said during in-person meetings or separate sessions cannot be recorded or minuted. To this end, all those present at in-person mediation meetings must sign a specific declaration.

The Mediator, the parties, the Secretariat, and all those involved in any capacity in the proceedings may not disclose to third parties any facts or information learned in relation to the Mediation proceedings, and are bound by the obligation of confidentiality regarding anything learned during or as a result of the proceedings.

With respect to the statements made and information acquired during the Mediation, in the case of separate sessions and unless the declaring Party or the Party from which the information originates consents, the Mediator is also bound by confidentiality towards the other parties.

Statements made or information acquired during the Mediation process may not be used in proceedings that have, in whole or in part, the same subject matter as the Mediation process, unless mutual consent is obtained from the Parties involved. The Parties therefore agree not to use the foregoing in any other or different context—including litigation or arbitration—and not to summon the Mediator, his/her Assistant, any Secretariat staff, the Head of the Organization (or his/her delegates at the accredited secondary offices), or anyone else involved in the process as witnesses regarding facts and circumstances of which they have learned during the process.

Art. 8 – Final provisions

The Conciliation Body Concordia et Ius srl, pursuant to Article 8 of Decree No. 150 of October 24, 2023, and in compliance with Article 141-bis, paragraph 2, of the Consumer Code, cannot, except for justified reasons, refuse to conduct mediation.

Pursuant to Article 9 of Decree No. 150 of October 24, 2023, starting from the second year of registration in the Special Section of the Register, every two years, by February 28 of the year following the expiration of the two-year period, the following information must be sent to the Registry Manager:

● a) the number of applications received and the types of disputes to which they relate;

● b) the percentage of procedures interrupted before reaching the result;

● c) the average time required for the resolution of the disputes handled;

● d) the percentage of compliance, if known, with the results of the ADR procedures;

● e) any systematic or significant problems that occur frequently and cause disputes between Consumers and Professionals, possibly accompanied by recommendations on how to avoid or resolve similar problems in the future;

● f) where relevant, the evaluation of the effectiveness of cooperation within networks of ADR entities that facilitate the resolution of cross-border disputes;

● g) if foreseen at the time of registration, the training provided by the ADR Body to its mediators, with complete indication of the courses taken in the two-year period;

● h) the evaluation of the effectiveness of the ADR procedure offered by the Organization and of any ways to improve it.