Book VI: SETTLEMENT OF DISPUTES

Every consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of a dispute between him and a professional. To this end, the trader shall guarantee the consumer effective recourse to a consumer mediation scheme.The trader may set up his own consumer mediation scheme or offer the consumer recourse to any other consumer mediator meeting the requirements of this…

A dispute cannot be examined by the consumer mediator when:1° The consumer does not prove that he has previously attempted to resolve his dispute directly with the trader by means of a written complaint in accordance with the procedures laid down, where applicable, in the contract;2° The request is manifestly unfounded or abusive ;3° The dispute has been previously examined or is being examined by another mediator or by a…

Mediation of consumer disputes is subject to the obligation of confidentiality set out in the Article 21-3 of Law no. 95-125 of 8 February 1995 on the organisation of the courts and civil, criminal and administrative procedure. Article 21-3 of Law no. 95-125 of 8 February 1995 on the organisation of the courts and civil, criminal and administrative procedure.

Any clause or agreement obliging the consumer, in the event of a dispute, to have compulsory recourse to mediation prior to bringing the matter before the court is prohibited. .

Where a public mediator is competent to mediate a consumer dispute, that dispute may not give rise to other conventional mediation procedures, within the meaning of this Title, subject to the existence of an agreement, notified to the mediation evaluation and control commission mentioned in Article L. 615-1, which allocates disputes between the mediators concerned.