ARBITRATION AND MEDIATION
What is it?
Using the arbitration the parties assume the responsibility to commit the resolution of the dispute between them to one or more judges chosen by the parties themselves, excluding recourse to an ordinary court.
To put arbitration into practice it is necessary to insert a special clause in the contract. The Arbitration Chambers assist the parties concerned and the arbiters along all of the arbitral process.
- Arbitrato Rituale (Ritual Arbitration): is a process that consents the resolution of disputes in form of binding arbitration between the parties, which can take judgmental effect in accordance with procedural law.
- Arbitrato Irrituale o Libero (Non Ritual or Free Arbitration) is a process aimed at a decision having negotiating value between the parties.
The benefits of the arbitration compared to ordinary justice are: rapidity, reservation, minor costs and the huge technical competence of the arbiters.
The legitimating of arbitration originates from the Code of Civil Procedure, which states that the parties can decide to entrust arbitrators with the settlement of disputes . In other words, the submission of the dispute to arbitration must be established by the parties, through an arbitration clause included in the agreement they sign. In default of said arbitration clause, once the dispute originates, the parties can have recourse to arbitration through the above-mentioned arbitration clause, that must be requested in writing and indicate the subject-matter of the dispute, subject to invalidity.
The arbitration clause must name the arbitration Chamber to be applied in case of dispute; with assignment of arbitrators, or shall fix their number and the appointment procedures.
The decision of the board of arbitrators is called award; it must be decided by a majority of votes and it must be in writing. It must show dates and place of the arbitration agreement, besides a brief presentation of the reasons for the arbitration decision and the final ruling.
What is it?
It is a tool for the settlement of disputes arising between enterprises or between enterprises and consumers and aims at coming to an amicable dispute settlement. The parties can find a common and agreed solution that ends the dispute with the aid of a neutral and impartial third party.
Just as for disputes between two or more parties the intervention of a third party is envisaged, in conciliation there is also the intervention by an impartial and neutral third party; however, while in the first case intervention aims at settling the dispute, in the second case a third party intervention aims at developing negotiations between the parties involved.
The conciliation procedure envisages that the disputing parties are guided by the third neutral party through the achievement of an agreement of mutual satisfaction. Conciliation Commissions are established at the Chambers of Commerce and, in consideration of the nature of the latter, offer the advantage of guaranteeing a greater impartiality.
No decision is imposed: if the conciliation is successful, the parties subscribe to an agreement that has contractual value. If the agreement is approved by the President of The Court in which administrative district resides the Mediation Body, it constitutes executive title, for the purpose of forced expropriation, execution in specific form and court registration.
The parties can abandon the process at any time and call on an ordinary court.
It is enough that one of the parties introduces to the Chamber of Commerce a simple request which indicates who they are and what is the problem. The office will then contact the other parties and organize the process.