Revista da EMERJ - V. 21 - N. 2 - Maio/Agosto - 2019

 R. EMERJ, Rio de Janeiro, v. 21, n. 2, p. 11-39, Maio-Agosto, 2019  12 II. Alternative Dispute Resolution: Devices for En- suring Quality Performance A session of the conference has been devoted to alternative dispute resolution methods. In this framework it would have been no doubt of interest to address the standards of independence, specialisation and effi- ciency of Italian ADR bodies, taking into account the recent implementa- tion in Italy of the ADR Directive(2013/11/EU). 2 However, it would not be feasible to ad equately deal with ADR bodies in this report. Apart from ordinary time constraints, there is another reason why it is inadvisable to examine ADR bodies. In effect, the most important indicators for assessing the quality performance of alternative dispute methods are fully external to ADR bodies and connected with the legal system taken as a whole, that is: (a) Ensuring that dispute resolution methods are chosen by the par- ties in a truly free and informed way; (b) Making sure that the judicial protection of rights is effective, in order to prevent the risk of unequal bargaining power between the parties giving rise to instances of unjust settlements, due to the lack of a viable alternative before the courts. This holds true particularly in the field of consumer protection in Europe, since a system of dispute resolution which is developing its own institutional structure independent from the court system is arising in this field. To cut a long story short: addressing key features of a judicial sys- tem such as independence (and specialisation) of courts as well as its over- all performance is an indicator for understanding the effective role played by ADR bodies in that system. 3 III. Drafting a Principle of Efficiency of Civil Pro- cedure 1. Opening Questions When attempting to draft a principle of efficiency with regard to the performance of civil justice systems, it is prudent to consider whether: 2 Cf. Decreto legislativo 6 August 2015, no. 130, at www.normattiva.it . 3 For further remarks cf. R. Caponi , “Just Settlement” or “Just About Settlement”? Mediated Agreements: a Comparative Overview of the Basics, Rabels Zeitschrift für ausländisches und internationales Privatrecht, 2015, p. 117 ff.