Mediation in consumer disputes

If a dispute arises regarding the performance of a sales or service agreement, the professional must offer the consumer the opportunity to reach an agreement without the intervention of a judge. This alternative dispute resolution procedure is called mediation. It involves the intervention of a mediator whose mission is to propose a solution to resolve the dispute peacefully.

What disputes are compatible with mediation?

Disputes Compatible with Mediation

Consumer dispute mediation applies to all disputes between a consumer and a professional under a sales or service agreement.

The obligation to use mediation applies regardless of the size and professional sector of the company (e.g. food retail, online sales, property management, construction, insurance, press, information technology).

These may include the following disputes:

• National disputes: at the time of concluding the disputed contract, the consumer lived in the same state as the specialist’s location.
• Cross-border disputes: at the time of concluding the disputed contract, the consumer lived in a state different from the state of the specialist’s place of establishment.

Any clause or agreement that obliges a consumer to resort to mediation before going to court in the event of a dispute is prohibited.

In the event of a cross-border dispute in Europe, the consumer can contact the European Consumer Center (ECC).

Through its network present in every EU country: the UK, Iceland and Norway, CEC answers consumer questions and assists them in their efforts.

Disputes incompatible with mediation

However, mediation of consumer disputes is not applicable in the following cases:

• Dispute between professionals.
• A complaint filed by a consumer with a professional customer service team.
• Direct negotiations between consumer and professional.
• An attempt at conciliation or mediation following a decision of a court hearing a consumer dispute.
• A case brought by a professional against a consumer.
• Disputes concerning non-market services of general interest, provided, for example, by an administration or an association.
• Disputes related to medical services provided by medical professionals to patients (including the prescription, use and supply of medicines or medical devices).
• Disputes relating to services provided by public higher education providers.

Under what conditions can a consumer resort to mediation?

A dispute may be resolved by a consumer mediator if all of the following conditions are met:

• The consumer justifies his attempt to resolve his dispute in advance by submitting a written complaint directly to the specialist or to his customer service.
• The request is not manifestly unreasonable or offensive.
• The dispute has not previously been or is not being considered by another mediator or court.
• The consumer must submit a request to the mediator within 1 year of submitting a written complaint to the professional.
• The dispute is compatible with mediation (areas related to healthcare, general interests or higher education are not compatible with mediation).

The consumer mediation process can only be implemented at the initiative of the consumer; a professional cannot initiate it.

What are the responsibilities of a specialist?

The professional must select a mediator before a dispute arises and inform the consumer.

Selecting an intermediary

To find an intermediary authorized to contact their clients, a professional must choose one of the following methods:

• Be assigned to a sectoral public intermediary, if one exists in the professional sector (electronic communications, water supply, energy, insurance, tourism)
• Use an intermediary federation of which the professional is a member.
• Sign an agreement with an association or company of intermediaries: for example, the Center for Mediation and Arbitration of the Paris Chamber of Commerce and Industry (CMAP) or the consumer mediation CNPM.
• Establish an internal mediator within the company: the mediator must be appointed by a collegial body consisting of at least 2 representatives of approved consumer associations and at least 2 representatives of professionals. No hierarchical or functional relationship can exist between the professional and the mediator during the performance of his mediation mission.
• In any case, the consumer intermediary appointed by the professional must be included in the list of intermediaries approved by the Commission for the Evaluation and Control of Consumer Intermediation (CECMC). The mediator is appointed for a period of 3 years.

https://www.economie.gouv.fr/mediation-conso/liste-des-mediateurs-references

Consumer Information

The professional must provide the consumer with the contact details of the consumer intermediary (name, address and website) to which he reports. This information is part of the mandatory information that must appear on the professional's website.

The practitioner must also provide a link on their website to the European Online Dispute Resolution (ODR) platform.

It must enter this information in a visible and legible form on its website and in its commercial documents (CGVs and purchase orders). In the absence of such supports, any other suitable means (eg by demonstration) are permitted.

The professional must inform the consumer twice:

• Before the conclusion of the contract
• During the term of the contract after a preliminary complaint by the consumer, which was unsuccessful.

Failure to comply with this system is punishable by an administrative fine of 3,000 euros for an individual entrepreneur and 15,000 euros for a company.

Who pays for mediation?

Consumer mediation is free for the consumer. The costs are borne by the professional.

The intermediary informs the professional of his prices and financial terms (per act, fixed price or subscription). Prices may vary depending on the amount of damage caused.

If the consumer decides to use the services of a lawyer or expert during mediation (which is not mandatory), he will pay his own costs.

What does a mediator do if the parties disagree?

If the parties cannot reach an agreement on their own, the consumer mediator will propose a solution within 90 days to resolve the dispute amicably. The parties decide whether to accept it or refuse it.

In case of refusal, the parties may decide to continue the dispute in court.

Source https://entreprendre.service-public.fr/vosdroits/F33338