Introduzione ai "metodi alternativi per la risoluzione delle controversie dei consumatori"

This report focuses on the development of the Italian ADR system in the framework of the European experience and reccomendations, in the field of consumer law. Main findings are a)Left alone UK/OFT experience, European alternative dispute resolution has left on the way the main features of the American ADR: the last depends on self regulation and contract. The first rests mainly on Law and regulations. Generally (1)ADR is estabilished, promoted and sometimes made mandatory by laws; and generally (2) Public institutions and/or "recognized bodies" play a significant role in its management. 2) In this framework the Italian System is particularly fragmented, because it offers all three alternatives. There are public law adr systems, created by force of law and managed by public agencies (like the Communications control agency -AGCOM -, or the Commerce Chambers), "administered" Dispute resolutions systems, that are operated by private (Banks) of public institutions (National and Local authorities in the public services supply) and, finally, "free agreement" ADR, which may be set up by collective agreements between Business corporations and consumer associations. But, even in the last case, institution of the "agreement may be mandatory. 3. Both the administerd system and the "voluntary" agreement system show heavy problems as far as compliance with European "advisory" rules is requested, insofar as they generally miss the requirement of a "third party" presence in the arbitration council. 4) Italian adr system has one more feature. This spans from the use of ADR also as a mean to decrease litigation. Consequently, in many cases, previous practice of the "conciliation" process is requested by law in order to allow litigation in the Courts. 5) The last feature has been made (with a number of exceptions) the prerequisite for any civil law action - also outside the consumer sector - under the Italian civil code. This rule is at the moment under Constitutional scrutiny.