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DOCUMENTI

• rules_en.pdf

The Rules of RisolviOnline

1. SCOPE OF APPLICATION

The online mediation service of the Chamber of Arbitration of Milan settles commercial disputes involving consumers and/or companies, with special reference to those originating from the Internet and from e-commerce. No limits exist either regarding the nationality of the parties involved nor the economic value of the same.

2. THE ADMINISTRATION OFFICE

The RisolviOnline service is managed by the Administration Office.
The personnel of the Administration Office shall be, and appear to be, impartial in the management of the cases and towards all the parties involved. They shall not enter into the details of the dispute nor shall they give legal advice nor engage in conciliation activities.

3. THE ONLINE MEDIATOR

The online mediator is the person who helps the parties reach an agreement, communicating with them through the instruments placed at his/her disposal by RisolviOnline.
The mediator does not decide who is right and who is wrong. He/she simply helps to parties to initiate a dialogue and to work together to reach an agreement. The Administration Office picks the online mediator out from a list drawn up on the basis of criteria of competence and professional requirements. The online mediator undertakes to respect the Rules of RisolviOnline and the Code of Conduct annexed to the same.
The online mediator shall communicate to the Administration Office any facts, circumstances or relationships connected with the parties or with the object of the dispute that could affect his/her independence, neutrality and impartiality.

4. THE PROCEDURE

The procedure is divided into the following phases:

4.1 ACTIVATION

To activate the procedure, the interested party fills in the form provided on the www.risolvionline.com site and transmits it via web.
The Administration Office then contacts the other party as rapidly as possible, inviting it to accept the procedure within 15 days of receipt of the e-mail.
If the other party agrees to take part in the proceedings, the Administration office duly informs the proponent and chooses the online mediator.
If, on the other hand, the other party does not agree to take part in the proceedings, the proceedings come to an end.
In the absence of notice from the proponent to the contrary, once 60 days have elapsed from the date in which the other party was contacted and failed to send notice of acceptance to the Administration Office, the procedure is filed.

4.2 ONLINE MEDIATION

The procedure may be conducted from the outset through one of the communication systems made available by the service or, should the mediator deem fitting and practical, through a combination of such tools.  The parties take part in the procedure in the first person. They may be assisted by consultants, lawyers or persons they trust. Should they decide to have themselves represented by a third party, they shall send a document to the Administration Office that attests to the mediation powers of the representative and his/her identity.
The parties are bound to abide by the instructions provided by the online mediator in relation to timescales and, in general, to the management of the procedure.
The online mediator has the faculty to communicate individually and confidentially with each of the parties.
If the parties expressly request, the mediator can provide (non-binding) draft agreements.

4.3 CONCLUSION

The procedure concludes in one of the following ways:
a. when the parties or the mediator or the Administration Office deem that grounds for proceeding do not exist;
b. when the parties reach an agreement.

In the event of an agreement, a document is drawn up which the parties sign and transmit to the Administration Office via fax or by post.

5. CONFIDENTIALITY

The Chamber of Arbitration of Milan guarantees the confidentiality of the online mediation process. The Administration Office and the online mediator undertake not to disclose to third parties any knowledge acquired during the proceedings.
The parties are bound not to disclose to third parties the circumstances of the online mediation attempt, nor the facts and the information acquired during the proceedings, and not to create and keep copies of the communications relative to the proceedings. The obligation to observe confidentiality only ceases if both parties involved in the dispute so agree and if they express this desire in writing.
Moreover, the parties undertake not to use, in the course of any contentious action launched in relation to the same dispute, anything they may have learned during the procedure and not to call the online mediator or RisolviOnline personnel to testify regarding facts and circumstances concerning the proceedings.

6. UNFORESEEN CIRCUMSTANCES

For all cases not expressly provided for by these Rules, the Administration Office shall proceed by assessing the particular case in hand in accordance with the Rules themselves.
 

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