Afépame consumer mediation charter

• Consumer Mediation, as conventional mediation, is governed by the provisions in Title I "Mediation" of Book VI "Dispute Resolution" of the Consumer Code.
• Each consumer client has the right (Article L.612-1) to consult a consumer mediator (natural or legal person) free of charge to resolve disputes with a professional.
• Professionals must implement a consumer mediation system (individually or via membership) and inform their clients (Article L111-1).
• Consumer mediation is overseen by the Evaluation and Control Commission of Consumer Mediation (CECMC, Article L.615-1), charged with listing qualified mediators, notifying the European Commission, evaluating activity, and ensuring compliance.
• Afépame, representing most authorized payment or e-money institutions in France (under ACPR, Article L612-2 of the Monetary and Financial Code), has established a consumer mediation scheme and invited member institutions to join.
• In its General Assembly on 7 December 2016, AFEPAME appointed Maître Carol SABA as its consumer mediator, referenced on 11 June 2019 by CECMC. The mediator operates “diligently and competently, with independence and impartiality, through a transparent, effective and equitable process” (Article L 613-1).

This charter sets out the framework and principles for mediation processes according to Title I "Mediation" of Book VI "Dispute Resolution" of the Consumer Code between any Afépame member and a client. It informs parties of their rights, obligations, and the mediator’s role.

• The mediator is selected and referenced for skill and independence, acting diligently, independently, and impartially, with no conflict of interest nor interference.
• The mediator’s mandate is at least three years, renewable, and revocation (except force majeure) requires their agreement. In case of conflict or circumstances affecting independence/impartiality, the mediator informs parties and terminates their mission.
• Compensation is independent of mediation outcomes and costs are covered by AFEPAME.
• AFEPAME commits to providing required resources for mediation, including annual budget, ensuring confidentiality, traceability, record-keeping, processing, storage, and archiving of submissions and supporting documents.
• The mediator directs mediation, collects parties’ arguments, fosters fair dialogue, receives written points of view confidentially, reviews documents, and proposes solutions if no amicable settlement is reached.
• An annual written report is published independently and sent to regulatory authorities.

• The Consumer Mediation governed by the provisions of the Consumer Code is not a step in a commercial complaint procedure but a conventional mediation involving the implementation of a friendly and voluntary process for resolving disputes between a professional and their consumer client. It provides for the intervention, by mutual agreement between the professional and the consumer, of the AFEPAME Consumer Mediator.
• The AFEPAME Consumer Mediator is an independent and impartial third party. Their main role is to facilitate the search for an amicable solution between the parties by helping them re-establish dialogue and overcome their differences, in accordance with Title I “Mediation” of Book VI “Dispute Resolution” of the Consumer Code.
• Mediation is free for the consumer. The parties may appear alone or be assisted, at their own expense, by individuals or advisors of their choice.
• AFEPAME Consumer Mediation is optional. Any clause or agreement requiring the consumer to participate in mediation is prohibited.
• Consumers who are clients of AFEPAME member institutions participating in the AFEPAME Consumer Mediation Scheme may submit a request to the AFEPAME Consumer Mediator:
• Electronically through the “AFEPAME Consumer Mediator Website” at mediateur-consommation-afepame.fr
• By email: [email protected]
• By regular mail addressed to: “Médiateur de la Consommation de l’AFEPAME, c/o WEBHELP GRAY – Zac de Gray – Impasse Clément Ader 70100 Gray.”
• Each request will receive an acknowledgment of receipt and a review of admissibility within three weeks from the date of submission. The request must include all relevant information, documents, and explanations (copy of prior complaint, the professional’s reply, supporting evidence) that enable the AFEPAME Consumer Mediator to assess admissibility and identify the parties.
• A request is deemed inadmissible (Article L612-2 of the Consumer Code) if:
• The consumer has not first attempted to resolve the issue directly with the professional through a written complaint as specified in the contract.
• The request is clearly unfounded or abusive.
• The dispute has already been examined or is under examination by another mediator or by a court.
• The consumer submitted the request more than one year after their original written complaint to the establishment.
• The dispute falls outside the mediator’s jurisdiction.
• When a consumer’s request is found admissible, the AFEPAME Consumer Mediator informs the professional concerned and asks whether they agree to participate in mediation.
• If both parties agree, mediation will conclude within a maximum of 90 days from the date of notification of admissibility, in compliance with Article R612-2 of the Consumer Code. For complex disputes, this period may be extended by decision of the Mediator.
• Each party remains free to enter, continue, suspend, or withdraw from mediation at any time. Under Article R612-2, the process ends if a party withdraws, and such withdrawal must be communicated in writing to the AFEPAME Consumer Mediator.
• The mediator’s opinion may be based on law or equity and is provided in writing to both parties. It is not binding. The parties remain free to accept or reject the solution but must inform the Mediator in writing of their decision within 14 working days. If no response is received after that time, mediation is considered refused. If the disagreement persists, the parties may still appeal to a court.
• Acceptance of the Mediator’s proposed solution by both parties ends the mediation. Mediation also ends if the consumer initiates legal action or another alternative dispute resolution process. Implicit refusal of the Mediator’s proposal likewise terminates mediation.
• The AFEPAME Consumer Mediation Scheme does not apply to disputes and cases referred to in Article L611-3 of the Consumer Code.