Conciliation
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.
Since the enactment of reform law no. 580/1993,
the Chambers of Commerce have been the object
of several other laws concerning the management
of conciliation services that are presently
based on greater harmonisation throughout the
national territory. This is by virtue of the
new conciliation rules and the new price list
that is being adopted by all the Chambers of
Commerce.
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.
All the Chambers of Commerce established Conciliation
Desks, in consideration of the compulsoriness
of the attempt of conciliation for disputes
arising from sub-contracting agreements, introduced
by law no. 192 of 1998.
Besides the general provision envisaging the
establishment of conciliation commissions for
the settlement of disputes between enterprises,
and between enterprises and consumers, contained
in the Chamber of Commerce reform law, law no.
281 of 1998 envisages that trading associations,
before bringing the matter before a Judge, can
activate conciliation before the Conciliation
Commissions of the Chambers of Commerce.
As to controversies concerning tourist services,
the outline law on tourism entrusts the task
of establishing conciliation and arbitration
Commissions to the Chambers of Commerce.
In order to bring the conciliation procedure,
plaintiffs have to file the relevant conciliation
applications with the Chamber of Commerce, by
filling in the suitable form,. The Chambers
Conciliation Desk shall give notice to the counterpart
about the conciliation application; in turn,
the counterpart shall notify whether he/she
intends to accept this type of procedure or
not.
Dispute settlement is entrusted to a board made
up of three conciliators, who formulate the
conciliation solution.
|