Consumer mediation: the key to resolving your disputes without going to court

Faced with a dispute with a professional, many consumers are looking for a fast, effective and low-cost solution. Consumer mediation is now encouraged by the government as a valuable way to resolve conflicts amicably, without resorting to justice. This is a free procedure for the consumer.

What is consumer mediation?

Consumer mediation applies to all disputes between a consumer and a professional related to a sales contract or services provision.

This enables to resolve disputes without going through court, thanks to the intervention of a consumer mediator, an impartial and independent physical or legal person (association or mediators organization).

Its role is to propose an amicable solution between the parties.

All sectors are concerned, except for health services provided by medical professionals to patients.

A voluntary process

The use of mediation is a voluntary approach for the consumer. It is only mandatory for disputes involving amounts of less than €5,000.

The professional, for his part, is obliged to guarantee the consumer access to a mediation system (Article L.612-1 of the Consumer Code), but cannot impose it.

The consumer shall first try to resolve his dispute directly with the professional via a written claim. In the absence of a satisfactory response within a recommended period of 2 months, he has one year to refer the matter to a mediator.

The different forms of consumer mediation

All professionals are obliged to join a mediation body, thus guaranteeing the free recourse for the consumer.

This information shall be mentioned in the general terms and conditions or on the professional's website.

There are several types of mediation:

Sectoral mediation

Some sectors have specialized mediators, such as:

- The national energy ombudsman.

- The electronic communications mediator.

- The insurance mediator.

- The tourism and travel mediator.

- The automotive mediator.

- The complementary health mediator.

- The banking mediator.

- Conciliation commissions for disputes between landlords and tenants.

- Mediators for liberal professions: lawyers, notaries, veterinarians, etc.

Internal business mediation

Some large companies have their own mediator (EDF, Engie, La Poste, RATP, Vinci Autoroutes, etc.).

General mediation

Associations and mediation companies intervene in various disputes that do not fall within a specific sector (CMFM, C&C Mediation, CMAP, etc.).

To know the competent mediator, simply consult your contract or the GTC of the professional. If they were not communicated at the time of purchase, they must be available online.

Complete list of referenced mediators: https://www.economie.gouv.fr/mediation-conso/liste-des-mediateurs-references

What are the benefits for the consumer?

- Speed:

Mediation usually lasts between 30 and 90 days, compared to about 8 months for legal proceedings.

- Free of charge:

Mediation is financed by the company involved.

- Simplicity:

The approach is not too formal and remains accessible.

The assistance of a lawyer, although not mandatory, can be useful in advising the consumer, preparing his file and ensuring his rights.

What happens after mediation?

- Amicable agreement:

If the parties come to an agreement, it has to be formalized. An approval by a judge gives this agreement an enforceable force, allowing its application in the event of non-compliance.

- In case of disagreement:

If no agreement is reached, or if one of the parties does not respect the commitments made, the dispute may be brought before a judge. The signed agreement can then be presented as evidence.

- Binding force:

The agreement is binding on the signatory parties. Without judicial approval, it has no enforceability, unless it is countersigned by the parties' lawyers and made enforceable by the « greffe ».

Conclusion

Consumer mediation is an effective, fast and free tool to resolve everyday disputes.

Its objective is to find an amicable and satisfactory solution for both parties, without binding character until a formal agreement is established.

Consult a lawyer can help you to optimize this procedure and preserve your rights.

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