1. What is consumer mediation?
Consumer mediation is a free-of-charge mechanism enabling a consumer and a professional to attempt to resolve a dispute amicably. It is conducted by an independent and impartial mediator registered with the Consumer Mediation Evaluation and Control Commission.
2. When can a consumer mediator be contacted?
The consumer may refer the matter to a mediator when they have a dispute with a professional concerning the performance of a sales contract or a contract for the provision of services and have previously attempted to resolve the issue directly with the professional.
3. What disputes can be handled?
Consumer mediation concerns in particular:
- in-store or online purchases; ;
- work carried out by a tradesperson ;
- Telephony and Internet ;
- energy ;
- transport ;
- Tourism ;
- personal services ;
- auto repair ;
- real estate brokerage ;
- financial services under the jurisdiction of a competent ombudsman.
4. Is consumer mediation free?
Yes. Mediation is completely free of charge for the consumer. The operating costs of the system are covered by the professionals who are members of the mediator in question.
5. Is it mandatory to have filed a complaint with the professional?
Yes. Before contacting the mediator, the consumer must have submitted a complaint to the professional and allowed them a reasonable time to respond.
6. How long should one wait after making a claim?
In practice, it is generally recommended to wait for a response from the professional or for a period of about two months to elapse after the written complaint.
7. How to find the competent mediator?
Every professional must inform their clients of the ombudsman to whom they report. This information generally appears in:
- the general terms and conditions of sale ;
- contracts ;
- the invoices ;
- the professional's website ;
- Legal notice.
8. How to contact the mediator?
Referral is generally made:
- online via the ombudsman's website; ;
- by mail ;
- by means of a form accompanied by supporting documents.
9. What documents need to be provided?
The consumer must transmit:
- his prior claim ;
- any possible responses from the professional; ;
- the invoices ;
- the quotes ;
- the contract ;
- the photographs ;
- any document useful for understanding the dispute.
10. Is the professional obliged to participate?
When he has joined a consumer mediation scheme, the professional must allow the consumer to access this scheme. He then remains free to accept or not the solution proposed by the mediator.
11. Does the mediator take the consumer's side?
No. The ombudsman is independent and impartial. Their role is not to defend either party, but to seek a balanced solution that complies with applicable rules.
12. Can the mediator impose a decision?
No. Unlike a judge, the mediator does not render a judgment. They propose a solution that the parties are free to accept or refuse.
13. How long does consumer mediation last?
The procedure must generally be completed within 90 days of receiving a complete file, except for particularly complex cases.
14. Are the discussions confidential?
Yes. The information exchanged during the mediation is covered by confidentiality, unless the parties agree otherwise or there is a legal obligation.
15. Is it necessary to be assisted by a lawyer?
No. The consumer can initiate the procedure alone. However, they remain free to be assisted or advised if they wish.
16. What happens if the professional does not respond to the mediator?
The ombudsman continues the examination of the file with the available evidence. The lack of cooperation from the professional may be taken into account in the analysis of the dispute.
17. What happens if the mediation fails?
The consumer retains the right to bring the matter before the competent court or to use any other dispute resolution method.
18. Does mediation suspend limitation periods?
Referring the matter to the mediator generally suspends the limitation periods for the duration of the mediation in accordance with the provisions of the Consumer Code.
19. What is the success rate of consumer mediation?
Depending on the sector of activity and the mediators, amicable agreements account for a significant proportion of eligible cases. Mediation often makes it possible to resolve the dispute more quickly than judicial proceedings.
20. Why use consumer mediation?
Mediation has many advantages:
- free for the consumer; ;
- easy to implement; ;
- fast ;
- without obligation to have a lawyer; ;
- confidential ;
- preserve business relationships ;
- often avoids a long and costly trial.
Key points
Consumer mediation is an amicable dispute resolution method specifically designed for disputes between consumers and professionals. Accessible free of charge, it allows for seeking a balanced solution with the help of an independent third party before considering legal action. In many cases, it is an effective step for resolving a dispute without court proceedings.