The consumer Ombudsman for the ENGIE Group 2023 report
12
The legal framework for Mediation
The independence
of the Ombudsman
Consumer mediation emerged from the European states’ desire to enhance
consumer trust in the functioning of the common market.
In pursuit of this goal, the European Commission introduced
the RELC Directive (Extra-judicial Resolution of Consumer
Disputes) in 2013. This directive aimed for minimal harmonisa-
tion, allowing each member state to adapt it while considering
local mediation practices. It outlined key criteria def ining this
unique form of mediation. The days of mediators self-declar-
ing independence without oversight were over. The directive
specif ied the mediator’s status, the mediation procedures,
and the oversight mechanisms, ensuring independence for
consumers. France transposed this directive in 2015, incorpo-
rating several key provisions:
• Consumer mediation must be voluntary on the part of both
parties to the dispute;
• Consumers may have free recourse to a consumer mediator;
• Professionals are responsible for funding the entire me-
diation process, empowering mediators to maintain inde-
pendence. Consequently, professionals have no inf luence or
f inancial stakes tied to mediation outcomes;
• There are no limits on the value of disputes eligible for me-
diation;
• Professionals are obligated to inform consumers of their
right to seek consumer mediation and ensure accessible
mediation services, while emphasising that mediation is
optional. The mediation process must not preclude recourse
to legal action; therefore, the limitation period is suspended
during mediation;
• Professionals can select their preferred mediation system,
provided it is approved by the assessment and control com-
mission;
• Mediators lack binding authority and can only propose
solutions based on legal principles and fairness which the
parties are free to accept or reject Conf identiality is
strictly maintained throughout the mediation process
adhering to legal principles
Crucially France established an independent state body
the National Commission for the Assessment and Control
of Consumer Mediation CECMC tasked with overseeing
compliance with these provisions outlined in Title 1 of Book
VI of the Consumer Code Articles L6111 to L6411 and R6121
to R6162
The Appointment
of the Ombudsman
for the ENGIE Group
The CECMC is the body responsible for appointing ombuds-
men, whether they are individuals or legal entities (organisa-
tions, federations, etc.).
The choice of Ombudsman is governed by law, with specif ic
criteria outlined in article L613:
The Consumer Ombudsman must:
“(1) Possess skills in the f ield of mediation as well as solid legal
knowledge, especially in the f ield of consumer af fairs;
(2) Be appointed for a minimum period of three years;
(3) Be remunerated regardless of the outcome of the mediation;
(4) Not be subject to a conf lict of interest but, if such a situation
arises, declare it as such.”
Foundational principles of
consumer mediation, independence
and impartiality are thus assured
by the CECMC.
In this regard in February 2016
Mediation for the ENGIE Group was
added to the list of independent
consumer mediators of f icially
communicated to the European
Commission
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