Monthly Archives: November 2016

TRANSPOSITION OF THE DIRECTIVE

The Decree of 30 October 2015 on the mediation of consumer disputes was published in the Official Journal “Laws and Decrees”. It follows the order on alternative dispute resolution for consumer disputes which was published in the Official Journal “Laws and Decrees” of 21 August.  It represents the transposition of Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013, called the ADR (Alternative Dispute Resolution) Directive. »

It should be recalled that the purpose of the ADR directive concerns “the alternative resolution of disputes between traders and consumers arising from contracts of sale of goods or provision of services. »

The law “enacting various provisions to adapt legislation to European Law in economic and financial matters”, adopted on 30 December 2014, authorized the Government to take, by means of an order, measures in the field of law necessary for the transposition of the Directive.

The order aimed to achieve four main objectives:

“– coverage of all professional sectors by mechanisms to settle consumer disputes out of court;

– ensure procedures to meet quality requirements in terms of accessibility, competence, impartiality, transparency, effectiveness and fairness;

– ensure a strict assessment by one or more public authorities of the conditions under which the alternative dispute resolution mechanisms for consumer disputes function. These authorities are also responsible for reporting a list of the entities tasked with alternative dispute resolution for consumer disputes to the European Commission;

– Information and assistance to consumers enabling them to access these procedures effectively. »

Please see below for the Order on alternative dispute resolution for consumer disputes and Decree No. 2015-1382 of 30 October 2015 on the mediation of consumer disputes.

Order related to alternative dispute resolution for consumer disputes.

“Consumer Mediation” decree published in the Official Journal on 31 October.

THE NO-FEE NATURE OF MEDIATION

The Charter of the Club de Médiateurs de Services au Public (Club of Public services Mediators), an inclusive text affirming the shared values and defended by its members, states that “recourse to mediation is available to applicants on a no-fee basis”.

For mediation of services to the public, this no-fee arrangement is an integral part of the process of handling cases, from referral to closure, just like direct and easy access to the mediator, the speed of the process and the total independence of mediators.

MILLIONTH REFERRAL OF A MEMBER OF THE CLUB OF MEDIATORS

The Club de Médiateurs de Services au Public (Club of Public services Mediators) celebrated on 16 June in Bercy (French Ministry of Finance) the millionth referral by a user or consumer to a mediator who is a member of the Club, since its creation in 2002.

Now, over 120,000 referrals are addressed to the Club’s mediators every year.

On this occasion, Martine Pinville, Secretary of State for Consumer Affairs, spoke about her wish to see more widespread recourse to mediation across all consumer sectors.

In continuation of this event, the annual meeting between consumer organizations and members of the Club was held. This is of particular importance for the Club since it makes it possible to obtain their views on the functioning of mediation and discuss the most frequently encountered cases.

Claude Nocquet, President of the CECM (Mediation Evaluation and Control Commission), shared her experience of the first months of operation of this authority, which is assigned the task of establishing the list of mediators meeting the criteria of competence, independence, impartiality and efficiency.

The meeting ended with extensive exchanges between consumer organizations and members of the Club of Mediators, on the latest news and future prospects in the field of mediation.

For more information about this event held on 16 June, read the Minister’s press release on the Ministry of the Economy website by clicking the following link http://www.economie.gouv.fr/martine-pinville-devant-club-des-mediateurs-services-au-public

CLUB SEMINAR 2016

In early July, as every year, members of the Club de Médiateurs de Services au Public (Club of Public services Mediators) met up for an internal seminar day at the International Centre for Pedagogical Studies in Sèvres.

Among the subjects addressed under the aegis of Jean-Pierre Teyssier, Chairman of the Club, a special place was reserved for the training of members and their teams.

Claude Bisson-Vaivre, who oversees the Club’s efforts in this area, unveiled measures to strengthen the initial training organized with the IGPDE by means of continual training: consumer law and analysis of mediators’ positions, in particular, which will supplement the existing sessions on the legal framework for mediation and its developments.

The views expressed by each member highlighted a shared observation: that of a sharp increase in the number of referrals received by members since the end of 2015, and therefore a common concern about the adequacy of the resources to cope with this upward trend.

Camille Bertrand, legal expert at the European Consumer Centre, presented the latest European news in the field of mediation.

The seminar ended with an update on implementation of the new framework for consumer mediation in France. Twelve Club members have already been notified by the Mediation Evaluation and Control Commission.

EDITORIAL BY THE CLUB CHAIRMAN WEBSITE OF THE CLUB OF MEDIATORS

2016, year of more widespread recourse to mediation

In many respects, 2016 will linger in the memory of members of the Club des Médiateurs de Services au Public (Club of Public services Mediators), who elected me chairman at the start of this year.

Because it marks the more widespread recourse to the mediation process which we have always championed.

Indeed, as the year draws to a close, 12 members of the Club are on the Consumption Mediators List in France, the designation reserved by the new independent authority, the CECMC (Mediation Evaluation and Control Commission for Consumption), exclusively for mediators meeting the provisions set out in the French Consumer Code. It is worth recalling that since mid-2015, the European Directive of 21 May 2013 on alternative dispute resolution for consumer disputes has been transposed into French law. I view this as concrete recognition of the quality of the Club’s members and their compliance with objective criteria concerning independence and efficiency, criteria that we have embodied since 2002, the year of the Club’s creation.

The strength of our Club lies in its diversity: it brings together consumption mediators, but also mediators vis-à-vis government bodies, public or private companies and local authorities, which are responsible for services to the public. This has allowed us, in particular, to remain guarantor of the underlying values mediation and anticipate future developments for almost 15 years.

And other evidence of more widespread adoption: in June 2016, our Club celebrated at Bercy (French Ministry of Finance), in the presence of Martine Pinville, Secretary of State for Consumer Affairs, the millionth referral since 2002 to a mediator who is member of the Club by a user or consumer.

All these developments led us to renew our Charter recently, constituting the new ethical reference base for mediation practiced by its members. In particular, we reaffirm our commitment to our values: independence; neutrality; impartiality, as well as to the principles applicable to the mediation process: fairness; transparency; no fee; confidentiality; effectiveness.

In the coming months, we will also aim to expand our training offer for mediators, both initial and continuing, in order to maintain our quality requirement at a consistently high level. Because we want mediation practiced by members of the Club de Médiateurs de Services au Public (Club of Public services Mediators) to be exemplary, and to occur within a process that requires professional skills and full familiarity with the institution or company.

The Club, also through me, now wishes to reaffirm its determination to continue with the development of mediation, high-quality mediation, as it has done in the past, because we are convinced that this approach is expected by users and consumers, as well as businesses, government bodies and local authorities. Since it creates trust.

Best regards.

Jean-Pierre Teyssier

Chairman of the Club de Médiateurs de Services au Public (Club of Public services Mediators)