In regulated sectors alternative dispute resolution is entrusted to a number of disparate tools: the remedies introduced in the regulated sectors are many and very different from each other, in terms of structure, form, purpose and degree of effectiveness. ADRs meet instance of differentiation, where the alternative nature is understood as proper for the offered protection. The logic of the ADR well harmonizes with the logic of regulation, contributing both to design a new type of law marked by flexibility and consensual intent, useful to regulate long- term relations. In the case of alternative remedies in the regulated sectors pre- vails a kind of dialectic facilitative, in analyzing the reasons of the conflict and the results aimed by the parties, in order to find an innovative solution, suitable to meet parties issues in a long-term perspective. In this way the alternative remedies perform such a function which is not fully coincident with that of judi- cial remedies, since it transcends the individual case. However there is a high risk of losing the advantages inherent in the variety of mechanisms of alterna- tive dispute resolution, if the different forms of protection are not organized in an harmonic system. Both disputes F involving economic operators or between companies and consumers F should be conceived in a real alternative and inte- grated system of protection, valid for each regulated sector. Fundamentals is- sues in the discipline of alternative remedies claim uniform solutions, as for the degree of stability of the decision and for the instruments to ensure compliance, or even in point of information of the various remedies available, or for the mechanisms coordinating various forms of protection and the relationship be- tween alternative remedy and traditional judicial remedy.

Tutele differenziate nei settori regolati / M. Ramajoli. - In: RIVISTA DELLA REGOLAZIONE DEI MERCATI. - ISSN 2284-2934. - 2015:1(2015), pp. 6-36.

Tutele differenziate nei settori regolati

Ramajoli M
2015

Abstract

In regulated sectors alternative dispute resolution is entrusted to a number of disparate tools: the remedies introduced in the regulated sectors are many and very different from each other, in terms of structure, form, purpose and degree of effectiveness. ADRs meet instance of differentiation, where the alternative nature is understood as proper for the offered protection. The logic of the ADR well harmonizes with the logic of regulation, contributing both to design a new type of law marked by flexibility and consensual intent, useful to regulate long- term relations. In the case of alternative remedies in the regulated sectors pre- vails a kind of dialectic facilitative, in analyzing the reasons of the conflict and the results aimed by the parties, in order to find an innovative solution, suitable to meet parties issues in a long-term perspective. In this way the alternative remedies perform such a function which is not fully coincident with that of judi- cial remedies, since it transcends the individual case. However there is a high risk of losing the advantages inherent in the variety of mechanisms of alterna- tive dispute resolution, if the different forms of protection are not organized in an harmonic system. Both disputes F involving economic operators or between companies and consumers F should be conceived in a real alternative and inte- grated system of protection, valid for each regulated sector. Fundamentals is- sues in the discipline of alternative remedies claim uniform solutions, as for the degree of stability of the decision and for the instruments to ensure compliance, or even in point of information of the various remedies available, or for the mechanisms coordinating various forms of protection and the relationship be- tween alternative remedy and traditional judicial remedy.
autorità amministrative indipendenti; processo amministrativo; strumenti di risoluzione alternativa delle controversie
Settore IUS/10 - Diritto Amministrativo
http://www.rivistadellaregolazionedeimercati.it/index.php/indice
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/2434/723660
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