Transparency obligations of ADR Bodies

Art. 18 of Decree no. 150 of 24.10.2023 of the Ministry of Justice

The ADR Body makes the following accessible to the public by publishing on its website:

a) identification data and order number;

b) contact details, postal address and email address;

c) their inclusion in the list provided for by article 141-decies of the Consumer Code;

d) the Mediators appointed, the criteria followed for the assignment of the task and its duration, and the criteria followed for the designation of the Mediator;

e) the Rules of Procedure;

f) the allowances provided for in Article 33;

g) the Code of Ethics;

h) any applicable value limit;

(i) the reasons why it may refuse to deal with a particular dispute

l) any activities that the parties are required to comply with before starting the mediation procedure, including attempting to resolve the dispute through direct negotiation with the professional;

m) information relating to the functioning of the ADR procedure and the submission of the application, even in a manner other than electronic, and the documentation to be produced in support of the same;

n) whether or not the parties can withdraw from the procedure;

o) the average duration of the procedure;

p) the legal effect of the outcome of the procedure;

q) the enforceability of the decisions of the ADR Bodies;

r) any membership in cross-border networks of ADR bodies;

s) the list of ADR Bodies drawn up and published by the European Commission via a redirect link to the relevant website, for the purposes of Article 141-sexies, paragraph 6, of the Consumer Code;

t) the annual activity report drawn up in accordance with Article 141-quater, paragraph 2, of the Consumer Code.

The information referred to in paragraph 1, letters b) to r), shall be provided using systems that allow downloading or, at the headquarters of the Organization and upon request of the Party, on a durable medium and with any other method suitable for ensuring free access to the aforementioned information in a transparent and fair manner.