The Club of Public services Mediators? incorporated as an association, brings together consumption mediators, government bodies, public companies and local authorities in charge of public services. They practice mediation to allow the parties to reach an amicable solution based in law and fairness.
In addition, they make general recommendations to encourage good practice in relationships with the public concerned.
These mediations, free for applicants and available via direct access, once internal forms of resolution have been respected, are exercised in accordance with the principles established by this Charter for Mediators of Services to the Public.
This Charter is the ethical reference base for mediation practiced by members of the Club of Public services Mediators (hereinafter the “mediator(s)”).
Mediation is a structured process by which natural or legal persons endeavour, with the assistance of the mediator, to reach an amicable agreement on a voluntary basis in order to resolve their dispute.
The mediator is a qualified, independent third party not involved in the dispute. Their ethics are based on the values conveyed by this Charter. They have expertise in matters entrusted to them by mediation. They update and improve their knowledge and skills in the field of mediation through continuous training, particularly within the framework of the Club.
The mediator endeavours to respect individuals and listen to them carefully so that the parties can overcome their differences in order to reach a solution.
I. Values of the Club mediator
These values guarantee the independence, neutrality and impartiality of the mediator.
The Mediator is independent vis-à-vis any outside influence.
They receive no directive from anyone.
Their independence is guaranteed by the means available to them, their appointment, the conditions of exercise and the duration of their mandate.
They undertake to refuse, suspend or terminate mediation if the conditions of independence strike them as not or no longer being met.
The mediator is neutral: their opinion is neither influenced nor guided by considerations external to the demands of the parties.
The mediator is impartial in respect of the parties for the duration of the mediation. They abstain from all situations creating any conflict of interest.
II. Principles applicable to the mediation process
Mediators who are members of the Club undertake to conduct their mediation in accordance with the following principles:
When an opinion is issued by the Mediator, it is founded in law and fairness. It must take into account the specific context of each case and particularly where strict application of the law produces disproportionate or manifestly unjust effects.
The mediator ensures transparency of their activity and, in particular, they provide information:
- concerning their field of competence in a broad and accessible manner, particularly on their website and on that of the Club de Médiateurs de Services au Public (Club of Public services Mediators).
- to the public in a clear and comprehensive manner regarding the values and principles of mediation as well as the conditions under which the process takes place.
- on the effects of mediation, including, where appropriate, on the suspension of applicable limitation periods and the fact that applicants retain their right to go to court.
The mediator publishes a detailed annual report on their activity.
The mediation process is free for applicants.
Mediation is subject to the principle of confidentiality.
Before the mediation gets under way, the mediator shall ensure that the parties have accepted the principles of a hearing of all parties and the confidentiality obligations incumbent upon them.
The mediator undertakes to respond promptly to all requests, take the mediation process through to conclusion and ensure its high standard.
The list of members of the Club de Médiateurs de Services au Public (Club of Public services Mediators) can be found on the following page:
The Charter can be consulted in pdf format by clicking on the following link: Charter of the CMSP.