The “consumer” bill submitted in May 2013 by the Government, has already been examined by the National Assembly and the Senate on first reading.
This text contains two references to a possible recourse to mediation:
– In the context of provisions relating to class action, the applicant consumer organization can enter into mediation with the trader in question in order to reach a negotiated agreement on behalf of the group of consumers. The consumer concerned can then join this agreement after its approval by the judge.
– It also stipulates that any written contract between a trader and a consumer must mention the possibility, in the event of a challenge, of recourse to a conventional mediation procedure or other method for alternative dispute resolution.
The Club welcomes the fact that those provisions give litigants the opportunity to use mediation in order to build solutions and, where appropriate, provide reparation for harm suffered by consumers.
On this occasion, the Club reaffirms its attachment to the voluntary nature of using mediation for the parties.