How does ADR work?

ADR procedures can be applied to very easily and at quite reasonable prices: one of the two parties refers to an ADR body declaring the will to settle the dispute through extra-judicial procedures, providing all necessary documentation and the economic quantification of the dispute. The ADR body contacts then the counterpart inviting it to take part to the attempt of settling the dispute. If both parties agree, service charges are paid, a conciliator (or arbitrator) is named and the date for the initiation of proceeding is defined. If an agreement is reached, the conciliator draws up a conciliation document that both parties will have to subscribe. In case of no agreement, a document of failed conciliation will be drawn up and parties will be free to bring the case before the Court.

Beyond this form of conciliation, another common practice is also “parity conciliation”, in which a Conciliation Commission is formed including a representative of the Consumers Organization, on behalf of the consumer, and a representative of the company/professional. In this case, there is no need for a third party since the resolution of the dispute should be reached inter partes. This kind of conciliation is very effective in disputes between consumers and utility companies.