ADR Mediation Regulations in Consumer Matters

Art. 1 - Regulation on consumption - Scope of application

The Regulation adopted by the Conciliation Body Concordia et Ius srl in matters of Consumption, complies with the Consumer Code Legislative Decree 6 September 2005, n.206, and in particular the provisions of Art. 141 quater, Part V, Consumer Associations and Access to Justice – Title II bis - Out-of-court resolution of disputes, which is intended to be referred to in this Regulation and Decree n. 150 of 24 October 2023.

The Conciliation Body Concordia et Ius srl, has its registered office in Palermo in Via G. Sciuti, n. 180, Cap. 90144, tel: 39 091 7725986 fax: 39 091 7725972, with email info@concordiaetius.it and Pec concordiaetius@mypec.eu, is insured with Allianz Professional Liability Insurance Policy n. 253111508, has the following VAT number 01996100507 and is registered at n. 809 of the Register of Conciliation Bodies and at n. 427 of the List of Training Bodies held at the Ministry of Justice; is registered in the List of ADR Bodies of the Communications Regulatory Authority (AGCOM), with Directorial Determination 1/2023 of 3 May 2023; is registered in the List of ADR Bodies of the Transport Regulation Authority – (ART) with Prot. no. 24676/2023; is registered in the List of ADR Bodies – (ARERA) at no. 2/DACU/2023; is registered on the ODR Platform managed by the European Commission, having been notified to the latter by the Ministry of Business and Made in Italy (MIMIT).

The disputes for which it is mandatory to attempt Mediation in Consumer Matters at an accredited Body are:

● Disputes relating to the supply and contracts of Electricity

● Disputes relating to the supply and contracts of gas for heating and cooking use

● Disputes relating to the supply and contacts of water and water services

● Disputes relating to the supply and contracts of mobile and fixed telephony services

● Disputes relating to the supply and contracts of telecommunications services

● Disputes relating to the provision of internet connectivity services and contracts

● Disputes relating to pay-TV contracts

● Disputes relating to the supply and contracts of postal services

● Disputes between economic operators who manage transport networks, infrastructures and services and users or consumers.

1. The ADR Service in Consumer Matters of the Conciliation Body Concordia et Ius srl offers the possibility of resolving commercial disputes involving companies and consumers without limits regarding the nationality of the Parties.

2. The Conciliation Body Concordia et Ius srl has Mediators who are experts in Consumer matters and are included in the specific Register held by the Ministry of Justice. In order to operate, they have acquired and must maintain specific training in Consumer matters by attending the relevant specialist training courses in this matter, which enable them to carry out the following activities:

● a) Management of mandatory conciliation procedures in energy matters (electricity and gas) and voluntary conciliation procedures relating to the water system, at the conciliation bodies accredited by the Regulatory Authority for Energy, Networks and the Environment (ARERA).

● b) Management of mandatory conciliation procedures in the fields of telephony, Internet and pay-TV at the conciliation bodies accredited by the Communications Regulatory Authority – (AGCOM).

● c) Management of disputes between economic operators who manage transport networks, infrastructures and services and users or consumers, pursuant to Article 10 of Law 5 August 2022, no. 118 of the Transport Regulatory Authority – (ART)

● d) Online management of disputes on the ODR Platform managed by the European Commission, where the Conciliation Bodies have been approved in reference to the quality standards concerning fairness, efficiency and accessibility.

3. The Conciliation Body Concordia et Ius srl has expert Mediators in Consumer matters in charge of resolving disputes who possess adequate and specific training requirements, in accordance with the provisions of the individual competent Authorities (art. 141-bis, paragraph 4, letter a), and respects the obligations of transparency, impartiality and fairness towards the parties to the proceedings and Consumers in general, informing the Parties, through annual reports, about the methods of the procedure, the types of disputes, the rules governing the presentation of complaints, the criteria guiding the adoption of decisions, etc. (art. 141-bis).

The Organization certifies the personal details and curriculum vitae of each of the Mediators included in the Lists referred to in art. 3, paragraphs 6 and 7, the language certifications obtained by each and their remuneration, as well as for each Mediator, the possession of the requirements set out in art. 8, and the commitment of each Mediator to comply with art. 141-bis, paragraphs 5 and 7 of the Consumer Code.

The Conciliation Body Concordia et Ius srl undertakes pursuant to art. 9, letter c) of Decree no. 150 of 24 October 2023, to carry out mediation procedures for the resolution, including electronically, in accordance with the provisions of art. 141-bis, paragraph 1, letters a), c), d and e) of the Consumer Code, of disputes, national and cross-border, between consumers and professionals resident and established in the European Union, in which the ADR Body proposes a solution or brings the Parties together in order to facilitate an amicable solution.

The Conciliation Body Concordia et Ius srl undertakes pursuant to art. 9, letter h) of Decree no. 150 of 24 October 2023, to carry out the procedures referred to in letter c) in compliance with art. 141-quater, paragraphs 4 and 5 of the Consumer Code, and to apply the compensation due for the service provided according to the guidelines defined pursuant to art. 141-octies, paragraph 2 of the Consumer Code.

4. The quality of the procedure is guaranteed by compliance with the ADR legislation on Consumers, contained in the Directive and by the monitoring activity on the activity of the registered Bodies carried out by the competent Authority: in particular, the registration of the Body in the list managed by the competent Authority provides the registered ADR Bodies with a quality certification, so as to give them visibility at European level through inclusion on the ODR platform

5. The use of an ADR procedure does not affect the possibility for the Consumer and the Professional to appeal to the Judicial Authority (art. 141, paragraph 10). Regardless of the outcome of the ADR procedure, the Consumer retains the fundamental right to appeal to the competent Judicial Authority (this is a fundamental right established by the European Convention on Human Rights).

6. The qualification of the consumer nature of the dispute and its value is indicated by the Party filing the application. For ADR procedures expressly regulated by provisions of law, this Regulation applies insofar as compatible.

7. The ADR procedures governed by this article do not fall within the scope of application set out in Legislative Decree 28/2010.

Art. 2 - Starting the procedure

The ADR procedure is initiated by filing an application with the Secretariat of the Conciliation Body Concordia et Ius srl, with any instrument suitable to prove its receipt and the simultaneous payment of the procedure fees, in the amount due pursuant to the Tables of Consumer Mediation Fees, plus 22% VAT as required by law, in compliance with art. 33 of Decree no. 145 of 24 October 2023. The filing of the Consumer Mediation application, as well as the adhesion of the Invited Party to the procedure, constitute acceptance of this Regulation and of the fees set out in the following table. ADR procedures for Consumers only always have a fixed cost of € 10.00 plus 22% VAT as required by law. The “Professionals”, i.e. the subjects not classified as consumers, i.e. natural or legal persons who have established the contractual relationship which is the subject of the dispute for purposes which are not unrelated to their own activity and the “Prosumers”, i.e. those who are simultaneously producers and consumers, instead, will pay the sum indicated in the Table below for the relative value of the dispute, plus VAT at 22% as provided for by the legislation in force at the time.

The Mediation application must be filled out using the form available on the website www.concordiaetius.it/Mediazione-in-materia-di-consumo and must necessarily contain:

● the identification data of the parties in order to allow the communications referred to in this Regulation;

● the identification data of the person who, if necessary, will participate and represent the Party in the proceedings, with written certification of the relevant power to conciliate;

● the description of the facts and issues in dispute and the subject of the application;

● indication of the value of the dispute determined in accordance with the Code of Civil Procedure, according to the Tables of Mediation Fees in Consumer Matters indicated in art. 2 of these Regulations;

● the identification data of the Party's lawyer, if present in Mediation, with the relevant power of attorney granted.

The attached documentation deemed suitable by the Applicant Party

The Secretariat sends the letter of initiation of the Mediation to the Invited Party and to the designated Mediator via certified e-mail or registered mail and communicates to the Requesting Party that the request to start the ADR procedure has been taken into account and the name of the Mediator designated by the Head of the Organization, within 3 days of the actual receipt of the request for Mediation by the Requesting Party, in any case with a means suitable to demonstrate receipt, inviting the Requesting Party to respond within 15 days of receipt of such communication.

If the Invited Party agrees to participate, it sends its acceptance, simultaneously pays the fees set out in the Consumer Mediation Fee Tables and the procedure begins.

The ADR procedures are carried out entirely according to the methods set out in art. 5 of this Regulation, and therefore may alternatively be carried out in person, in telematic mode and in a simplified form, through non-simultaneous exchange of communications between the Parties and the appointed Conciliator, using remote communication tools, in compliance with the rules on the processing of personal data and confidentiality.

The request to start the ADR procedure may be rejected by the Conciliation Body Concordia et Ius srl for one of the following reasons:

● the Consumer did not attempt to contact the professional concerned to discuss his complaint nor did he try, as a first step, to resolve the matter directly with the Professional;

● the dispute is frivolous or reckless;

● the dispute is being examined or has already been examined by another Conciliation Body or by a judicial body;

● the value of the dispute is lower or higher than a pre-established monetary threshold at a level that does not significantly harm the consumer's access to complaint handling;

● the consumer has not submitted the application to the Conciliation Body

Concordia et Ius srl ADR within a pre-established time limit, which must not be less than one year from the date on which the consumer submitted the complaint to the professional;

● the handling of this type of dispute would risk significantly harming the effective functioning of the Conciliation Body Concordia et Ius srl

The relative assessment of whether or not to reject the initiation of the procedure is left exclusively to the prudent assessment of the designated Mediator, following the effective initiation of the Mediation and the consequent adhesion of the Invited Party to the relative request. If, in accordance with its own procedural rules, the Mediator designated by the Organization, deems it necessary to reject a dispute that has been assigned to him, he may provide both parties that have joined the Mediation, a motivated communication of the reasons for his decision not to take the dispute into consideration, within twenty days of the adhesion of the Invited Party. After this period has elapsed without any communication from the Mediator, the Mediation will continue normally.

Art. 3 - The Mediator in consumer matters

1. The Mediator is called upon to carry out his function by basing his conduct on probity and correctness so that the proceedings are conducted with impartiality and independence, and must behave during the proceedings in such a way as to preserve the trust placed in him by the parties and remain immune from external influences and conditioning of any kind.

2. The Mediator does not decide the dispute, but helps the Parties to find an agreement that they consider satisfactory for the resolution of the dispute. The Mediator has specific training in Mediation techniques and a

specific knowledge in the sectors regulated by the respective Authorities, with specific regard to user rights and the quality of services.

3. In no case does the Mediator carry out consultancy activities on the subject of the dispute or on the contents of any agreement, except to verify its conformity with mandatory rules and public order.

4. Its functions, in particular, are:

● third facilitator, who helps the Parties to dialogue and find a shared solution (“conciliation agreement”) to the dispute;

● third evaluator, who, upon request of the Parties or independently, and based on the documentation filed and the declarations made, formulates a non-binding solution proposal.

5. The Mediator is identified by the Head of the Organization from among the names of Mediators accredited to the Conciliation Organization in Consumer Matters, included in a specific list drawn up on the basis of criteria of competence and professionalism, in compliance with current legislation, and available in alphabetical order on the official website of the Organization.

6. The Parties may jointly propose the Mediator, from among the names of Mediators specialized in consumer matters, among those expressly accredited to the Conciliation Body Concordia et Ius srl

7. The Person in Charge of the Organization is not bound by this indication, and is free to evaluate the opportunity to follow up on the request of the Parties.

8. The appointed Mediator must communicate to the Secretariat, even through informal channels, the acceptance of the assignment within two days of the communication of his/her appointment.

9. Upon acceptance of the assignment and in any case upon release of the closing minutes of the Mediation, in the event of non-adherence by the Invited Party, the Mediator must sign a specific declaration of impartiality and adherence to the European Code of Conduct for Mediators.

10. In any case, the Mediator may not subsequently carry out, between the same Parties and in relation to the same dispute, the functions of Defender or Arbitrator.

11. The Mediator must not be in any of the situations of incompatibility provided for by specific laws and the Code of Ethics, as well as in situations of conflict of interest; in such cases the designated Mediator must abstain from taking on the role by declaring the impeding fact to the Head of the Body, or cease the role in cases in which the incompatibility or conflict of interest occurs during the procedure. The Mediator is therefore obliged to communicate without delay to the Secretariat any fact or situation that could, in any way, cause him to incur a possible situation of incompatibility, even if it emerged after acceptance of the role and/or during the Mediation Procedure.

12. The Mediator must personally perform his service.

13. The Mediator may, depending on the complexity of the dispute, arrange for the Parties to meet in person or via Web-conference, with at least 7 days' notice.

14. The Head of the Conciliation Body Concordia et Ius srl can always agree with the Mediator to identify a coadjutor who can help him in the exercise of the function. The performance of this function of coadjutor is relevant ad adiuvandum for the ongoing training, in the meantime, required by law to the Mediator.

15. Only in the event that such designation occurs for a fee, it is necessary that all Parties agree and jointly undertake to bear the related costs in equal measure.

16. The Parties may request the Head of the Conciliation Body Concordia et Ius srl, for justified and serious proven reasons, to replace the Mediator.

17. The Head of the Body will evaluate the existence of the reasons given and will communicate his decision regarding the possible replacement. In case of acceptance of the request, the Conciliation Body will appoint another Mediator, and will also provide for the replacement of the Mediator previously appointed, if the latter, during the procedure, renounces the assignment by means of a written and duly motivated declaration, which must be accepted by the Head of the Body itself.

18. The Head of the Organization may at any time, for reasons of convenience, replace the previously designated Mediator, simply by giving notice to the participants in the Mediation.

19. The Mediator who no longer possesses the requirements set out in paragraph 11 of art. 3 of the Regulation, or has ceased to carry out this function, or who requests it, is removed from the list of Mediators in Consumer Matters of the Conciliation Body Concordia et Ius srl

Art. 4 - The Secretariat

1. The Secretariat administers the ADR service in consumer matters.

2. The Secretariat keeps a register, including electronic, for each Mediation proceeding in Consumer Matters, with notes relating to the progressive order number, the identification data of the parties, the subject of the dispute, the designated Mediator, the duration of the proceeding and its outcome, and other data deemed useful pursuant to the provisions of Art. 141 – Quater of the Consumer Code.

3. The Secretariat verifies:

● the conformity of the Mediation request with the formal requirements set out in this Regulation and with current legislation and records it in the appropriate register;

● the payment of the costs for starting the Mediation procedure and the costs of the Mediation procedure have been made. Furthermore, the Secretariat communicates, within 3 days of receiving the Mediation request and in a form proving receipt: To the Requesting Party:

● The name of the designated Mediator

● The receipt of the request for Mediation has been sent to the Invited Party To the Invited Party or to the other Parties:

● The request for Mediation

● The name of the designated Mediator

● The invitation to communicate your participation within fifteen days of receiving the invitation.

The Secretariat verifies the Parties' willingness to participate in the ADR procedure, and provides all necessary communications, which are carried out using the most suitable means for communication.

4. The Mediator communicates the conclusion of the procedure to the Secretariat, which notifies the Parties:

● if the Party Invited to participate in the ADR procedure expressly refuses to join the procedure;

● if no less than 15 days have passed since the invitation to the Invited Party, without the acceptance having reached the Secretariat with the communication of its adhesion;

● at any time the Parties declare or demonstrate that they have no interest in continuing the ADR procedure, therefore in the presence of an express request to close the Mediation with a negative report at the request of the Parties or to renounce the Mediation at the request of the Party Requesting Mediation;

● when the deadline referred to in art. 5 paragraph 8 of this Regulation, possibly extended, has elapsed in vain;

● when an agreement is reached between the Parties;

● when the solution proposals drawn up by the Mediator are sent to the Parties, and the Parties do not adhere to the conciliatory proposals formulated;

● when the Mediator, at his own discretion, does not deem it useful to continue the proceedings.

5. Where the Mediation has not taken place because the Invited Party has not promptly expressed its adhesion or has expressly communicated that it does not wish to adhere and/or the Requesting Party has declared that it does not wish to proceed, the Secretariat will issue, upon request of the Requesting Party, in compliance with the Mediation payments, a declaration of conclusion of the proceedings, signed by the designated Mediator.

The document will certify in writing:

● a. the filing of the application;

● b. failure to adhere to the Invited Party procedure;

● c. the waiver of Mediation by the Applicant Party;

● d. the closure of the Mediation procedure for any reason.

6. The Secretariat, upon indication of the Head of the Organization, may provide for the Mediators identified, the performance of the assisted internship alongside the designated Mediator, after communicating the names to the Parties who may refuse the presence of the intern, or in any case request his/her removal at any time. The intern may not interfere in any way in the Conciliation procedure and is bound by the same obligations of confidentiality, independence and impartiality, to which all Mediators are bound.

7. Responsibilities of the Parties.

It is the exclusive competence of all the Parties and therefore they are personally responsible for:

● a) the subject matter of the dispute to be subject to the Consumer Mediation procedure. The Conciliation Body Concordia et Ius srl is not responsible for any exclusions, preclusions, prescriptions and forfeitures not reported promptly and clearly at the time the application is sent;

● b) the information regarding the object and reasons for the request and the objections to it, respectively indicated in the request/application and in the adhesion to the Mediation;

● c) the identification data of the Parties involved and the correct contact details to which communications should be sent;

● d) the determination of the value of the dispute;

● e) the form and content of the deed of delegation to one's representative;

● g) the non-existence of other conciliation procedures relating to the same dispute before different bodies;

● h) in general any declaration that is provided to the designated Body or Mediator, from the filing of the application to the conclusion of the procedure.

Art. 5 - Conduct of the procedure

1. The ADR procedure may take place:

● Through actual meetings between the Mediator and the Parties at the registered office of the Conciliation Body Concordia et Ius srl; the location of the meeting may be waived with the consent of all parties, the Mediator and the Person in Charge of the Body, providing that the meetings may be held at the direct local office of the Conciliation Body Concordia et Ius srl closest to the Consumer's residence, where available.

● Using remote communication tools in compliance with the rules on the processing of personal data and confidentiality.

● Through non-simultaneous exchange of asynchronous communications between the Parties and the appointed Mediator, in compliance with the rules on the processing of personal data and confidentiality.

2. The language of the procedure shall be Italian or, upon joint request of both Parties, English.

3. The Head of the Body, after consulting the designated Mediator, may in any case decide to start and/or continue, as an alternative to carrying out ADR procedures entirely electronically and in a simplified form, through a non-simultaneous exchange of communications between the Parties and the appointed Conciliator, using remote communication tools, in compliance with the rules on the processing of personal data and confidentiality, the holding of meetings in person, to facilitate the participation of the Parties and make the procedure quicker and more efficient; it will also be possible, at the discretion of the designated Mediator, to hold meetings in mixed mode, in which one Party is physically present on site and the other is connected remotely via electronic communication tools in compliance with the legislation in force - in the meantime - on electronic Mediation.

4. The procedure will begin within 30 (thirty) days of the adhesion of the defendant Party unless otherwise agreed between the Parties or justified organizational needs of the Service.

5. The Parties participate in the procedure personally, or, in the case of legal persons, through their legal representative. The Parties may be represented by specially delegated persons, through their own representatives equipped with all the necessary negotiating powers.

6. The Parties have the right – but not the obligation – to be assisted by Lawyers, representatives of consumer or trade associations or other trusted persons.

7. In any case, it is necessary for each Party to communicate to the Secretariat, with sufficient notice, who will participate in the ADR procedure or parts of it, as well as, if assisted by Lawyers, the complete personal details of the Lawyers representing them.

8. The procedure, in the event of the Invited Party's adhesion, will have a maximum duration of 90 days from the receipt of the request to start; this term, if necessary, may be extended, only once, by a further 90 days; the Parties must be informed of this extension and of the new deadline for the conclusion of the procedure (art. 141-quater, paragraph 3, letter e). After 30 days from the start of the procedure, the Mediator, unless he deems further discussions with the Parties appropriate for the purpose of reaching a conciliatory solution to the dispute, may draw up a brief report in which he notes exclusively the subject of the dispute and that the same has been subjected to an attempt at conciliation with a negative outcome, following the unsuccessful exchange of communications with the parties.

9. The Mediator conducts the meeting without procedural formalities and may hear the Parties jointly and separately, by any technologically available means.

10. In special cases, upon joint request of the Parties, the Secretariat may propose a Technical Consultant in Mediation (CTM), following the indications provided by the Mediator, provided that all the Parties who request it undertake to bear, in equal measure, the related costs, without creating, in any case, any obligation towards the Conciliation Body Concordia et Ius srl, nor towards the Mediator, in favour and towards the Consultant eventually appointed by the Parties.

11. The Conciliation Body Concordia et Ius srl has expert Mediators in Consumer matters in charge of resolving disputes who possess adequate and specific training requirements, in accordance with the provisions of the individual competent authorities (art. 141-bis, paragraph 4, letter a), and respects the obligations of transparency, impartiality and fairness towards the parties to the proceedings and consumers in general, informing the Parties, through annual reports, about the methods of the procedure, the types of disputes, the rules governing the presentation of complaints, the criteria guiding the adoption of decisions, etc. (art. 141 bis).

12. The quality of the procedure is guaranteed by compliance with the ADR legislation on Consumer matters contained in the Directive and by the monitoring activity on the activity of the registered Bodies carried out by the competent Authority: in particular, the registration of the Body in the list managed by the competent Authority provides the registered ADR bodies with a quality certification, so as to give them visibility at European level through inclusion on the ODR platform.

13. The use of an ADR procedure does not affect the possibility for the Consumer and the Professional to appeal to the Judicial Authority. In particular, regardless of the outcome of the ADR procedure, pursuant to art. 141 paragraph 5 of Legislative Decree no. 06 of 06.09.2006, the Consumer retains the fundamental right to appeal to the competent Judicial Authority (this is in fact an inalienable and fundamental right established and recognized unequivocally by the European Convention on Human Rights)

Art. 6 - Conclusion of the procedure

1. The ADR procedure ends in each of the following cases:

● a. if the Party Invited to participate in the ADR procedure expressly refuses to join the procedure, upon express request of the Requesting Party or upon evaluation by the Mediator, the Mediation will be defined with a negative report or with a waiver of the application;

● b. if no less than 15 days have passed since the invitation to the Invited Party, without the acceptance of the Invited Party having been received by the Secretariat of the Organization, in the manner provided, with the communication of its adhesion, the Mediation will be defined with a negative report;

● c. If, during the Mediation procedure, the Parties who have actually joined it, individually and/or jointly declare that they wish to close the Mediation with a report of Failure to Reach an Agreement, or demonstrate with their conduct, held within the Mediation, that they no longer have any interest in continuing the ADR procedure;

● d. when the deadline referred to in art. 5 paragraph 8 of this Regulation, possibly extended, has elapsed in vain;

● e. when an agreement is reached between the Parties;

● f. when the solution proposal drawn up by the Mediator is sent to the Parties, and the Parties do not adhere to the conciliatory proposal formulated within ten days of the proposal being notified or any new proposal by the Mediator regularly communicated to the Parties which is not accepted positively within the same period;

● g. when the Mediator, at his sole discretion, does not deem it useful to continue the proceedings;

2. If an agreement is reached, the Mediator draws up a report containing the text and conditions of the agreement. If conciliation fails, the Mediator draws up a report indicating any proposal formulated by the Mediator.

Any conciliatory agreement reached by the Parties following the facilitating action of the Mediator or through the reception of a proposal for a conciliatory solution formulated by the Mediator, bearing the signature of the Parties, and/or their lawyers if appointed, each provided on the basis of their respective representation mandate, if applicable, also of the relative power of conciliation and possibly of collection, when the request for Mediation constitutes a condition of admissibility, has the value of an enforceable title.

3. At the conclusion of the ADR procedure, the Mediator draws up a report that records the outcome of the procedure and sends it first to the Invited Party, and then to the Requesting Party, to be signed digitally or with another suitable electronic method, capable of guaranteeing its origin in accordance with the provisions in force. The Mediator, after receiving the agreement report signed by the Parties digitally, in turn signs it digitally, certifying the truthfulness of what has been recorded, deposits it or sends it to the Secretariat, which will send a copy to the Parties who have joined the Mediation and will attach it to the documents of the procedure.

No minutes on the outcome of the Mediation will be issued to the Party that has not adhered to the Mediation, unless the relative fees are paid at the same time. Therefore, failure to adhere to the invitation to Participate in the Mediation within fifteen days of receiving it will result in the issuing of a negative report in favor of the Requesting Party only.

4. The minutes drawn up by the Mediator cannot and must not contain any reference to declarations of the parties, unless they jointly request them. In any case, in the event of a negative report, due to a lack of agreement between the parties actually participating in the Mediation, the Mediator may, at his discretion, and without there being any regulatory obligation, indicate which Party declares that it does not want or cannot continue the Mediation and what are the objective obstacles that prevent the continuation of the Mediation. If it is not possible for one or both Parties to sign the minutes due to a technical impediment or other cause, the Mediator digitally signs the minutes, certifying that the same has been drawn up in accordance with the results of the procedure, specifying in that case the reasons for the failure to sign.

5. The Parties may express their opinions and assessments regarding the procedure by completing and sending by ordinary mail or by email the appropriate form which can be downloaded at any time from the website of the Conciliation Body Concordia et Ius srl at the address www.concordiaetius.it/modulistica.

6. All tax charges arising from the agreement reached shall be borne by the Parties.

Art. 7 - Confidentiality

The personal data of the participants and the information deriving from the Mediation or relating to it or to the ADR procedures, will be processed in compliance with and according to the methods set out in Art. 4 of the European Code of Conduct for Mediators.

The Mediation process is confidential, and anything stated during in-person meetings or separate sessions cannot be recorded or verbalized. To this end, all individuals present at in-person Mediation meetings must sign a specific declaration.

The Mediator, the parties, the Secretariat and all those who intervene in any capacity in the proceedings may not disclose to third parties the facts and information learned in relation to the Mediation proceedings, and are bound by the obligation of confidentiality regarding what they learn during the proceedings or by reason thereof.

With respect to the statements made and information acquired during the Mediation in the case of separate sessions and unless the declaring Party or the Party from which the information originates consents, the Mediator is also bound to maintain confidentiality towards the other parties.

The statements made or information acquired during the Mediation procedure cannot be used in the trial that has, totally or partially, the same object as the Mediation procedure, except with the mutual consent of the interested Parties. The Parties therefore undertake not to use the foregoing in any other and different venue - including litigation or arbitration - and not to summon as witnesses, on the facts and circumstances of which they have become aware during the procedure, the Mediator, his/her possible Assistant, the Secretariat staff, the Head of the Organization (or his/her delegated contacts at the accredited secondary offices), and anyone else who has been involved in the procedure.

Art. 8 – Final provisions

The Conciliation Body Concordia et Ius srl, pursuant to art. 8 of Decree no. 150 of 24 October 2023 and in compliance with article 141-bis, paragraph 2, of the Consumer Code, cannot, except for justified reasons, refuse to carry out mediation.

Pursuant to art. 9 of Decree no. 150 of 24 October 2023, starting from the second year of registration in the Special Section of the Register, every two years, by 28 February of the year following the expiry of the two-year period, transmits to the Register Manager information concerning:

● a) the number of applications received and the types of disputes to which they relate;

● b) the percentage of procedures interrupted before reaching the result;

● c) the average time required for the resolution of disputes handled;

● d) the percentage of compliance, if known, with the results of the ADR procedures;

● e) any systematic or significant problems that occur frequently and cause disputes between Consumers and Professionals, possibly accompanied by recommendations on how to avoid or resolve similar problems in the future;

● f) where relevant, the assessment of the effectiveness of cooperation within networks of ADR entities facilitating the resolution of cross-border disputes;

● g) if foreseen at the time of registration, the training provided by the ADR Body to its mediators, with complete indication of the courses taken in the two-year period;

● h) the evaluation of the effectiveness of the ADR procedure offered by the Organization and of any ways to improve it.