Monthly Archives: November 2016

Contribution of the Club of the Mediators of Services to the Public in the consultation organized by the Ministry of Justice for the transposition of the directive “Mediation”

The Club of the Mediators of Services to the Public invites you to read its contribution to the consultation organized by the Ministry of Justice for the transposition of the directive “Mediation”.

Transposition de la Directive 

Contribution of the Club of the Mediators of Services to the Public in the consultation organized by the Ministry of Justice for the transposition of the directive “Mediation”

The Club of the Mediators of Services to the Public was created in 2002, to gather the Mediators of organizations, administrations, authorities or collective areas which share the same values regarding mediation : in particular the will to facilitate the research for the amicable solutions to the disputes, the impartiality, the confidentiality, the efficiency, the listening, the respect for the principle of the contradictory, the free access  for the user or the consumer.

The Club developed in 2004 its charter, in dialogue with the Ombudsman. It establishes the foundation of the values shared by its members, and their common vision of the institutional mediation. This charter was renewed at the beginning of 2011.

The Club, with its 17 members, represents the only organization in France gathering mediators occurring in the field of the institutional mediation.

Their domains cover the Authority of financial markets, the Deposit office, the sector of Water, the EDF, the Ministry of national Education and the Higher Education, the French Federation of Insurances, France 2, France 3, France Télévision, GDF Suez, the Ministries of the Economy and the Budget, the Agricultural social Mutual insurance, the Employment Agency, Group The Post office, the RATP(PARIS PUBLIC TRANSPORT SYSTEM), the SNCF(FRENCH NATIONAL RAILWAY COMPANY), the City of Paris. The Club also counts, as honorary member, the Ombudsman

The Club was at the origin of reflections on the institutional mediation, and participates actively in the corresponding works, in France and in Europe (Forum of Jena in 2006, works of the CNC on the mediation in 2007, directive mediation in 2008, Assizes of the Consumption in 2009, Commission of the Mediation of the Consumption in 2010, FINE-CLEAR(-NET) network of the financial mediators with the European Commission…)

It operates since 2010 an adapted professionalization of the Mediators device and teams, in particular with a specialised training

The Club was transformed into association in 2010, to improve its action and its visibility, in France and in Europe

It opened in 2011 a joint web site with  the mediators member of the association

The Club of the mediators of services to the public completely approves the definitions of the mediation and the mediator such as held by the draft of prescription.

The Club of the mediators suggests completing the prescription in its part modifying the law of February 8th, 1995 by the addition in the section III ” final Measures ” of a so drafted article 26.

” The mediations in the field of the consumption can be the object of additional measures of application ”

Besides, the members of the Club wonder about the utility to introduce into the new article 20-2 of the law of February 8th, 1995, in the second paragraph, the notion of “secret” even thoughthe submission in the principle of confidentiality was fixed to the first paragraph and is of general impact.

The President of the Club of the Mediators of Services to the Public

Emmanuel CONSTANS