The Afépame consumer mediation process

A Mediation
Process in three stages

Referral to the Consumer Mediator

What clients can refer a case to the Mediator?

Any consumer client in dispute with an AFEPAME member institution that has joined the AFEPAME Consumer Mediation Scheme may refer the matter to the AFEPAME Consumer Mediator.

How can referrals be made?

An application to the AFEPAME Consumer Mediator may be submitted using an online form, by email to the Mediator at [email protected], or by mail addressed to: AFEPAME Consumer Mediator 36 rue Taitbout 75009 Paris

How are referrals handled by the Mediator?

Every submission to the AFEPAME Consumer Mediator will receive an acknowledgment of receipt from the Mediator and will be reviewed for admissibility within three weeks from the date of the request.

The application must include all relevant information, documents, and explanations (a copy of the prior complaint, and where applicable, the professional’s response, along with any materials useful for examining the dispute) so that the AFEPAME Consumer Mediator can assess whether the request is admissible and identify the parties involved.

Any additional documents requested (other than the prior complaint) are required to facilitate the proper conduct of the mediation.

What are the grounds for inadmissibility of a referral?

Under Article L612-2 of the Consumer Code, a request to the Consumer Mediator is inadmissible when:

The consumer cannot prove that they first attempted to resolve the dispute directly with the professional concerned, through a written complaint according to the procedures specified in the contract with that professional.
The request is clearly unfounded or abusive.
The dispute has already been examined or is currently under examination by another mediator or by a court.
The consumer submitted their request to the AFEPAME Consumer Mediator more than one year after the date of their written complaint to the establishment concerned.
The dispute does not fall within the Mediator’s jurisdiction.

Processing Mediation after an admissible referral

Notification of admissibility to the client

When a submission made by a consumer is deemed admissible by the AFEPAME Consumer Mediator, the Mediator informs the consumer and formally notifies them of the admissibility of their request.

Request for agreement of the concerned professional

The AFEPAME Consumer Mediator then informs the professional concerned (i.e., a member institution of AFEPAME participating in the AFEPAME Consumer Mediation Scheme) of the admissibility of the consumer’s request and invites the establishment to inform the Mediator of its decision — namely, whether it accepts or refuses to enter into consumer mediation with the applicant.

Processing time for the mediation

If both parties agree to enter into mediation, the process will be concluded within a maximum period of 90 days from the date on which the AFEPAME Consumer Mediator notified the consumer of the admissibility of their request, in accordance with Article R612-2 of the Consumer Code. However, in the case of a complex dispute, this period may be extended at the discretion of the AFEPAME Consumer Mediator.

Confidential handling of mediation

The AFEPAME Consumer Mediator conducts the consumer mediation process between the parties involved and collects the arguments and claims of each. They ensure exchanges take place in fairness and in accordance with the principle of adversarial procedure. Each party is invited to present its viewpoint and arguments in writing.

The information provided by the parties is collected in a confidential setting. Under Article L612-3 of the Consumer Code, consumer dispute mediation is subject to the confidentiality obligation established by Article 21-3 of Law No. 95-125 of February 8, 1995, concerning the organization of courts and civil, criminal, and administrative procedures.

The parties may, at their own expense, be assisted by a lawyer, be accompanied by a third party, and/or seek the opinion of an expert. Each party bears its own costs in this regard.

Closing the Mediation

The Afépame Consumer Mediator reviews the files and documents submitted by the parties, and if no amicable settlement is reached, proposes a solution to the parties. Each party remains free to enter mediation, not to engage in it, to suspend or pursue it. In accordance with Article R612-2 of the Consumer Code, parties may withdraw from the mediation process at any time, which ends the process. A party wishing to withdraw from Afépame Consumer Mediation must inform the Afépame Consumer Mediator in writing.

The Mediator’s opinion may be given according to law or equity. It is communicated to the parties in writing but does not bind them. The solution proposed by the Mediator may differ from that which a judge would provide. The parties are free to accept or reject the Mediator’s proposed solution and must inform the Mediator in writing of their decision within 14 working days. Lack of response within this period is considered a refusal. In case of persistent disagreement, recourse to the courts remains possible.

Acceptance of the Mediator’s proposed solution by both parties ends the consumer mediation between them. Similarly, mediation ends if the consumer initiates legal proceedings or uses another alternative dispute resolution method. Implied refusal of the solution also terminates the mediation.

Reminder

A/ A Right for consumers

Consumer Mediation is now a RIGHT FOR CONSUMERS, granted to them and allowing them free access to a conventional, out-of-court method of resolving disputes with professionals with whom they have entered into contracts (Article L612-1).

B/ An obligation for professionals

Consumer Mediation is now an OBLIGATION FOR PROFESSIONALS, requiring them to have a consumer mediation system accessible to their consumer clients. This obligation may be fulfilled either by establishing their own mediation system or by joining a consumer mediation scheme provided by a professional organization to which they belong.

C/ Afépame Consumer Mediation Scheme

As a key industry player aware of its sectoral responsibilities, AFEPAME — as a professional association representing the vast majority of payment and electronic money institutions in France, and a member of both the French Association of Credit Institutions and Investment Firms and the European Federation of Payment Institutions — has established and committed to maintaining, with appropriate technical, human, and financial resources, a Consumer Mediation Scheme that complies with the requirements of Title I of Book VI (“Dispute Resolution”) of the Consumer Code.

D/ A system benefiting Afépame member institutions who participate

AFEPAME offers its members engaged in commercial activities with consumers the option to join its Consumer Mediation Scheme. This allows those institutions’ consumer clients to access the AFEPAME Consumer Mediation process.

Consequently, the scheme is available to customers of AFEPAME member institutions that have subscribed to the AFEPAME Consumer Mediation Scheme. Clients are invited to consult the list of AFEPAME member establishments that have joined this scheme through the “List of Members” section on the official AFEPAME Consumer Mediator website.

E/ A referenced impartial and independent Mediator

During its General Assembly on December 7, 2016, AFEPAME appointed Maître Carol Saba as the AFEPAME Consumer Mediator. He was officially approved by the Commission for the Evaluation and Oversight of Consumer Mediation (CECMC) on June 11, 2019.

The Consumer Mediator promptly informs the parties of any new circumstance that could affect his independence, impartiality, or that may create a conflict of interest, along with their right to object to the continuation of his mission, in accordance with Article R613-1 of the Consumer Code.

F/ The role of Afépame’s Consumer Mediator

He performs his mission in accordance with the provisions of Article L613-1 of the Consumer Code, “with diligence and competence, in complete independence and impartiality, within a transparent, efficient, and fair procedure.”

The AFEPAME Consumer Mediator is an independent and impartial third party. His main role is to facilitate the search for an amicable solution between the parties involved—the consumer client and the professional with whom a dispute exists. He helps the parties re-establish communication and overcome their differences, all in compliance with the provisions of Title I, “Mediation,” of Book VI, “Dispute Resolution,” of the Consumer Code.