Conciliation procedure: it’s an out-of-court way to solve a dispute thanks to an impartial  third party who facilitates communication and negotiation and promotes voluntary decision making by the parties to the dispute. It’s aim is to solve cases in a faster way (compared to the judicial times!), perhaps 30- 40 days by the proposal, and to give parties mutual satisfaction (in the 90% of cases there is a positive result).Parties can select this procedure by an application form on line in companies website or in the website of associations who attends to that procedure. At the conciliation meeting parties can take their lawyer or, in the case of peer conciliation, by an agent of consumer’ s associations.  If  they don’ t manage a settlement they can obviously choose an arbitration or a judicial resolution .It’ s a not expensive procedure because costs are settled at the beginning, and depends only by conciliator’ s fee and secretariat charges.

 

Conciliator: is a human being who must be impartial, independent, professional to lead to an agreement pleased to both parties. It could be a conciliator anyone who is prepared to this profession or has an apposite qualification to do .He don’ t take his fee by parties directly, but only thanks to  agency’ s mediation.

Any conciliator can give his collaboration only to 3 agency at most, and any agency must have 7 conciliator at least.

 

Conciliation in front of a “Giudice di pace” (Peace maker Judge): Italian Civil Procedure Code at 322 article says that it’ s possible to try a resolution of a dispute in front of a “peacemaker judge”, a figure of honorary judge in front of whom can be prosecute settlements of any value and tissue, and in case of a success results it has an  executive value.

 

Conciliation in front of  Business Agencies: thanks  to 580/93 Italian law it is given to Business Agencies the possibility to make an arbitral commission to have a conciliation between companies or companies and consumers. The commission, behind party claim, propose this procedure to the other party and, if accepted, go on searching an effective resolution.

 

Conciliation in Telecommunications: Italian 249/97 law has give the possibility to the Authority for the communications Guaranty, to create a specific procedure to solve dispute about phone (fix or mobile) in a conciliatory way. Later, AGCOM, with 182/02/CONS decision, declared binding this kind of procedure before the in-court resolution, and the 278/04/CSP extended the obligatory effect to pay-tv cases. This function is up to the CO.RE.COM or to Business Agencies, is totally free and the report is immediately enforceable.

Conciliation across boundary :this kind of  procedure is made in the European Union to help consumers who have made a purchase on- line or abroad and consists in the presence of advising and information offices.

 

Peer conciliation: to solve disputes with their consumers some important companies settled a kind of out-of-court proceeding which involves consumer’s association and company’ s agents thanks to a specific bargain achieved firstly between associations and company. Differently by the other kind of conciliation there isn’t a third party, thus solution is find in a more friendly way and , because of the fact that there are less judicial proceedings, so less costs, company can improve customer care service.

 

Banking ombudsman (ABI ):   is a collegial organ who solves disputes between banking and broker/consumers. It’ s creation depends by an agreement between consumer’s associations and ABI , which has given to consumers the possibility to solve in a neutral and out-of-court way their cases with banks, till a value (in terms of damage) of 5165€.It’ s a free proceedings which can be used only by consumers “private” before of the in-court solution ; it’ s decision is binding for the ABI (while consumer, if is not satisfied, can choose the in-court proceeding).

 

Online dispute resolution (ODR ): it’ s the online conciliation, so cheaper and faster, and it’ s particularly adapt to disputes relates to technologies, even if can be used about any case. A special kind of ODR concerns the “automatic trading” and consists in the fact that parties switches proposal and counteroffer each other by e-mail to manage an agreement, without a third part, till when the difference between the proposals is into determinate values.

 

Alternative dispute resolution (ADR):this phrase is used to collect the several kind of out-of-court ways provided parties for settling disputes by means other than litigation. So is a less costly and more expedited procedure in which parties voluntary goes to a neutral third party to help each other to solve their dispute equally (so with a mutual satisfactory solution).

 

Judicial conciliation: it’ s a trial  kind of resolution, by 183 article of the Italian civil trial code, which can lead  to close the process because of the cessation of the conflict issue.

 

Arbitrate: is a procedure which take place out-of-court, especially used  for the civil or commercial cases, with the submission to an unbiased third person designated by parties to solve their case thank’ s to a “lodo”, that is binding and could be an executive title, if the formalism is respected.

Job conciliation:  about labour dispute it is necessary, before of the in-court settlement, to try the conciliation procedure, with the support of corporate contracts or local agencies (article 410 of Italian civil procedure code) .