The role of the Authority for Alternative Dispute Resolution

The Authority has been appointed to conciliation functions, according to art. 6, par. 7, n), of the Public Procurement Code, by means of an instrument called Alternative Dispute Resolution (ADR).

Therefore, disputes arising during the contractor selection phase may be solved by the Authority, on demand of each or both the parties, by means of an opinion containing a resolution proposal. This opinion is not binding and is facultative for the parties.

A notable success of this instrument has been registered in the first two years of its application by now: a significant number of requests to participate to the resolution proceeding has been presented and the high percentage of acceptance and conformation with the Authority proposal proves that the conciliating role of the instrument is well recognised.

383 opinions have been expressed by the Authority with reference to this activity during 2007