Consumerist mediation

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Mediation enables to amicably resolve disputes that may arise in the relationship between a customer and a merchant or company. Consumerist mediation is generally considered as part of economic mediation.

Contents

[edit] Mediation between a Private Individual and a Professional

Intervention of private mediators

Some organizations of Consumers, although they are representatives of consumers, claim their possible role of mediator.

[edit] Mediation of Debts

Mediation of Debts

[edit] Mediation and Consumers Services

Legislation has made obligatory the "mediation services" in certain enterprises. They do not all work in the same way: single mediator or not, etc...

[edit] Banking Mediation

Banking mediators have been established on December 12, 2002, following the Murcef law on December 11, 2001

Some banks have their own mediator. However the Banking Federation has made a mediation service available to banks which do not wish to have an appointed mediator.

Mediation does not replace the devices of claims processing, but offers to the client a friendly action as the last resort before a possible legal proceeding.

The mediator is chosen according to his skills and impartiality. He is held by confidentiality and professional secrecy.

He can suggests recommendations in order to try to resolve disputes between banks and clients in the areas of the account agreement, sales related and premium sales. Many banks have however decided to extend the scope of mediation to other types of claims.

[edit] The Banking Mediator

A banking mediator, also called Ombudsman, based on the institutional model of parliamentary Ombudsmen, intervenes after failure of the two way of dialogue between the client and his bank: the responsible of the agency and then, the customer service of the bank.

Recourse to the mediator is free. No legal action should generally be initiated in view to seize the mediator. The mediator then has a relatively short period (2 months in France) to issue his recommendation, during which the prescription is suspended. However, if the disagreement persists at the end of mediation, the client or the banking institution remains free to initiate a legal proceeding.

The modalities of recourse to the mediator and his contact details appear on the account statements sent to the customers, as well as on the account agreements.

[edit] Insurances Mediation

[edit] Abusive Clause

All abusive clauses limit the rights of consumers and users. Prohibiting the right to initiate a legal proceeding before recourse to an internal mediator of the company is considered as an abusive clause.

The contractual clauses establishing a mediation system in which the mediator has no interest associated with the company, even if it is agreed that this company will bear the mediation fees, are not considered as abusive clauses. To gather these conditions, the mediator must be independent. The mediator's statute must testify to his independence. But the legislature has not really clarified this point so far.

[edit] Internal Links

[edit] External Links

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