Alternative Dispute Resolution ADR Online Dispute Resolution ODR

1. ALTERNATIVE DISPUTE RESOLUTION

2. Topics
 The reason
 Alternative Dispute Resolution (ADR) and
Online Dispute Resolution (ODR)
 Mediation and assisted negotiation
 Banking and financial Ombudsman (ABF)
and Financial Ombudsman (ACF)

3. The reason

4. Litigation explosion
Small claims
Time
Costs
Clients and consumers

5. Confidence and system stability
Banking and financial system
Reputational risk
Control on system
Information

6. Article 24 Italian
Constitution
Art. 81, par. 2, let. g,
TFUE:
ADR as instrument of
judicial cooperation

7.  Which is the purpose of ADR?
Review question

8. ADR AND ODR

9. ADR (Alternative Dispute Resolution)
ODR (Online Dispute Resolution)
Sources: DIR. 2008/52/EC (civil and
commercial disputes)
DIR. 2013/11/EU (ADR for consumers
disputes)
Reg. n. 524/2013/ (ODR for consumers
disputes)
Legislative decree no. 130/2015)

10. ADR and ODR
Arts. 141-141 septies
consumer code (legislative
decree no. 206/2005)
Art. 3 consumer code:
Consumer and trader

11. Art. 141
Sales contract
Service contract
Internal dispute
Cross border dispute

12. Voluntary
ADR procedure
ADR body
ADR register
Web site

13. ECC NET (from 2005)
European Consumer Centres Network
European Consumer Centre Italy
FIN NET
Solvit

14. Review question
What kind of contracts does art. 141 of the
Consumer Code concern?

15. MEDIATION AND ASSISTED
NEGOTIATION

16. MEDIATION
Dir. 2008/52/EC
LEGISLATIVE DECREE no. 28/2010
(civil and commercial disputes)
Art. 2: Available rights
Art. 5: admissibility condition of the application to
Court
Co-owner, rights in rem, lease contracts, banking ad
financial contracts, car accidents

17. Assisted negotiation
Legislative decree no. 132/2014
Art. 1 Agreement to cooperate in good faith
to solve a dispute
Lawyer
Available rights
Minimum 1 month, maximum 3 months

18. Art. 3 admissibility condition of the
application to Court
Disputes under 50.000,00 euro
Car accidents
Lawyer
Art. 5 Consensual separation
Uncontested divorce

19. Review question
Is the presence of a lawyer required for
mediation?

20. Banking and financial
Ombudsman (Bank of Italy)
Financial Ombudsman
(Consob)

21. ABF
Banking and financial contracts
Art. 29 legislative decree no. 262/2005
Art. 128 bis legislative decree no. 385/1993
banks and other financial intermediaries
7 regional boards, located in Bari, Bologna, Milan,
Naples, Palermo, Rome and Turin.

22. Financial Ombudsman (Consob)
Legislative decree no. 130/2015
Dir. 2013/11/UE
Financial disputes
Claim
On line

23. Review question
Is the ABF decision binding?

24. Summary questions

25. Which is the purpose of ADR?
What kind of contracts does art. 141 of Consumer Code
concern?
Is the presence of a lawyer required for mediation?
Is the ABF decision binding?

26. ALTERNATIVE DISPUTE
RESOLUTION