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The New Regulatory Framework for Consumer Dispute Resolution$
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Pablo Cortés

Print publication date: 2016

Print ISBN-13: 9780198766353

Published to Oxford Scholarship Online: January 2017

DOI: 10.1093/acprof:oso/9780198766353.001.0001

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The Implementation of the Consumer ADR Directive in Italy

The Implementation of the Consumer ADR Directive in Italy

Chapter:
(p.209) 10 The Implementation of the Consumer ADR Directive in Italy
Source:
The New Regulatory Framework for Consumer Dispute Resolution
Author(s):

Carlo Pilia

Pablo Cortés

Paolo Vargiu

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198766353.003.0011

This chapter first analyses the state of crisis of the Italian courts and the emergence of Alternative Dispute Resolution (ADR) legislation, in particular the Mediation Act, which regulates mandatory mediation for many civil cases (including consumer cases), requiring parties to attempt mediation with legal representation before they can lodge a claim in court. It then examines the operation of other ADR methods in various economic sectors, but it pays particular attention to representative negotiations, which are a unique consumer ADR model that has proven to be very effective. Lastly, this chapter analyses the transposition of the ADR Directive into domestic law.

Keywords:   consumer ADR, Italian law, joint conciliations, consumer redress, ADR Directive

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