The conditions for referral to the Consumer Mediator are governed by articles L.612-1 to L.612-5 of the French Consumer Code.

Who can contact the consumer ombudsman?

Under the terms of article L.612-1 of the French Consumer Code, all consumers have the right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of a dispute between them and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation scheme. 

Conditions for inadmissibility of a request for mediation

Pursuant to Article L.612-2 of the French Consumer Code, a dispute cannot be examined by the Consumer Mediator when :  

1. The consumer does not prove that he has first attempted to resolve his dispute directly with the trader by means of a written complaint in accordance with the terms of the contract, where applicable;
2. The request is manifestly unfounded or abusive; 
3. The dispute has been or is being examined by another mediator or by a court;
4. The consumer made his request to the mediator more than one year after his written complaint to the professional; 
5. The dispute does not fall within its jurisdiction. 

If the consumer's request for mediation is rejected, they will be informed within three weeks of receipt.

Confidentiality obligations

In accordance with article L 612-3 of the French Consumer Code, mediation of consumer disputes is subject to the confidentiality obligation set out inarticle 21-3 of law no. 95-125 of February 8, 1995 on the organization of jurisdictions and civil, criminal and administrative procedure.

Right to be represented or to call in an expert

Mediation of consumer disputes meets the following requirements: 

1. It is easily accessible by electronic means or simple mail to all parties, consumer or professional; 
2. It is free of charge for the consumer, with the exception of the costs set out in 3° and 4° ; 
3. The parties have the option, at their own expense, of being represented by a lawyer or of being assisted by any person of their choice (for example, a consumer association, etc.) at all stages of the mediation; 
4. Each party may also request the opinion of an expert, at its own expense. In the event of a joint request for expert advice, the costs are shared between the parties.

When should you contact the mediator?

The consumer may refer the matter to the Consumer Mediator within a maximum of one year from the date on which his or her written complaint was sent to the professional.

How do I contact the mediator?

The Consumer Mediator can be contacted :

• By filling in the online form
• By sending your request to Médiation Solution 222 chemin de la Bergerie 01800 Saint Jean de Niost, together with the following documents:

• copy of prior claim,
• where applicable, a copy of the professional's response,
• all documents useful for examining the dispute.