ADR clauses
The inclusion in the contract of a specific clause on the mediation of disputes that may arise is an aspect of fundamental importance.
In the absence of a clause that clearly indicates where the mediation will take place, pursuant to Legislative Decree no. 28/2010, the choice is left to the party who first files the application.
Sample dispute resolution clauses
The mediation clause with the indication of ADR Center guarantees the contractor that the procedure will be managed by the body with the most experience in Italy and rooted throughout the national territory.
The additional option of carrying out an Arbitration administered by ADR Center, in the event of failure of the mediation, also guarantees the contracting party to resolve the dispute in any case and definitively, within a certain time and at low cost. In fact, by choosing ADR Center, arbitration is not paid "all in advance", and the rules favor mediation at any time during the procedure.
Below are some model clauses of mediation and arbitration. Before inserting any model clause or modifying an existing one, it is a good idea to consult a trusted lawyer.
Contractual dispute resolution clause
Any dispute, contractual or non-contractual, directly or indirectly arising from or connected to this Contract must first be the subject of an attempt at conciliation, through participation in an initial mediation meeting to be held in person or by video conference no earlier than 20 days and no later than 40 days from the date of the request for mediation, pursuant to Legislative Decree no. 28 of 2010 and subsequent amendments based on the Mediation Regulations of ADR Center, registered at No. 1 of the Register of bodies appointed to manage conciliation attempts of the Ministry of Justice. The regulations and the start-up and mediation costs relating to participation in the first mediation meeting in force at the time of the activation of the procedure are available at www.adrcenter.it
If the conciliation attempt fails, the dispute will be referred to the decision of a single arbitrator [i.e., a panel of arbitrators] according to the ADR Center Ritual Rapid Arbitration Rules in force at the time of the activation of the procedure, available at www.adrcenter.it, the text of which is currently in force to the Parties. The venue for the procedure will be _________[indicate city].
Or If the conciliation attempt fails, the dispute will be referred to the competent judicial authority of the court of ________ [indicate the city].
Statutory dispute resolution clause
Any dispute arising between the shareholders, or between the shareholders and the company, as well as brought by or against directors, members of the internal control bodies, auditors or liquidators, in relation to the exercise of the company's activities, including those relating to the validity of the shareholders' resolutions and the existence, validity, interpretation, non-fulfilment and/or termination of these Articles of Association, must first be the subject of an attempt at conciliation by means of the participation in a first mediation meeting to be held in person or by video conference no earlier than 20 days and no later than 40 days from the date of the request for mediation, pursuant to Legislative Decree no. 28 of 2010 and subsequent amendments based on the Mediation Regulations of ADR Center, registered at No. 1 of the Register of bodies responsible for managing conciliation attempts of the Ministry of Justice. The regulations and the start-up and mediation costs relating to participation in the first mediation meeting in force at the time of the activation of the procedure are available at www.adrcenter.it
If the conciliation attempt fails, the dispute will be referred to the decision of a single arbitrator [i.e., a panel of arbitrators] according to the ADR Center Rules of Ritual Rapid Arbitration in force at the time of the activation of the procedure, available at www.adrcenter.it, the text of which is currently in force to the Parties. The venue for the procedure will be _________[indicate city].
Or If the conciliation attempt fails, the dispute will be referred to the competent judicial authority of the di________ court [indicate the city].
Clause for business-to-consumer contracts under Article 33, co. 2 (v) bis and ter of the Consumer Code (Legislative Decree No. 206/2005)
Any dispute arising from or in any way connected to this Contract, including those relating to its interpretation, validity, effectiveness, execution and termination, must be the subject of an attempt at conciliation by participating in an initial mediation meeting to be held in person or by video conference no earlier than 20 days and no later than 40 days from the date of the request for mediation, pursuant to Legislative Decree no. 28 of 2010 and subsequent amendments which will take place, at the applicant's choice, before one of the following mediation bodies:
ADR Center, registered at No. 1 of the Register of bodies appointed to manage conciliation attempts of the Ministry of Justice;
_____________[NAME OF THE BODY] registered in Nr. __ of the Register of bodies appointed to manage conciliation attempts of the Ministry of Justice;
_____________[NAME OF THE BODY] registered in Nr. __ of the Register of bodies appointed to manage conciliation attempts of the Ministry of Justice;
In the event of suspension or cancellation of the aforementioned bodies from the Register, or if none of them has a seat in the place where the mediation is to take place, the conciliation attempt will take place before the body chosen jointly by the parties or, in the event of failure to reach an agreement within 30 days of the request of the most diligent party, by the President of the Court competent to hear the dispute.
If the conciliation attempt fails, the dispute will be referred to the competent judicial authority of the court of ________ [indicate city].
Discover simplicity and effectiveness in one click
For 27 years , ADR Center has been assisting people, companies and their lawyers every day in preventing and resolving conflicts and disputes in a short time and with low and predetermined costs.
Thanks to the >ODR3 platform, you can participate in mediation sessions via videoconference, manage mediations through an intuitive management system and get assistance in affixing digital signatures on all minutes. Choose the mediator that best suits your needs from the best professionals available throughout Italy.
