Monday , October 25 2021

The mediation way to resolve disputes is still little known by consumers



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S & # 39; happens if your electricity consumption seems excessive? F & # 39; in this case, consumers are generally unaware of the existence of the Energy Ombudsman to resolve disputes between customers and the electricity or gas suppliers when the problem is not you & # 39; solved directly with customer service. the company concerned.

On the other hand, we are less familiar with the mediator in charge of financial markets, which is particularly competent in litigation on the stock market orders. Or mediator can & # 39; help if the operator & # 39; Internet does not provide the promised debt, if the work done from home does not comply with the submitted quotation, etc.

17 in unlawfulness sector

But from 1st January 2016, following the transposition into French law of & # 39; European, every consumer directive has the right to call for free mediator consumption. In turn, professionals must adhere to & # 39; of & # 39 system; mediation and inform their customers, still & # 39; away than ever.

While 135 sectors & # 39; activities are currently covered by Referrals mediators (which may be public mediators, business mediators or professional associations, or & # 39; mediators companies), 17 sectors remain without consumption mediator . The sectors of highways, the sanitary transport, taxis, but also breeders feet, dyers, the delivery & # 39; home meals, activities remain covered, as illegal.

Independence & # 39; private mediators

The professional concerned should be required to be covered by & # 39; mediation body, he shall inform his client, but can & # 39; refusing to enter into mediation or withdraw at any time from the process. The difficulty lies in the independence of the mediators, with the exception of two public ombudsmen (energy and financial markets), financed by the sector's own professionals.

It is this independence, and impartiality of mediation resulting therefrom, which are overseen by a commission of mediation consumption, depending on Bercy, and presented its first assessment this Thursday. To date, the Commission referred almost 90 mediator, who himself received 104 000 referral by consumers during the year 2017. Evidence that the device is not yet fully understood by all: 60% of these referrals were inadmissible, the consumer generally could not justify tried before, to settle their dispute directly with the professional.

Marie Bellani

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