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To this end, the European Commission introduced the Alter-

native Dispute Resolution for Consumers (ARD) Directive

in 2013. This directive aimed for minimal harmonisation,

allowing each member state to adapt it while considering

local mediation practices. The ARD Directive outlines key

criteria def ining this particular type of mediation. The days

of mediators self-declaring independence without oversight

were over. The Directive def ined the mediator’s status, me-

diation procedures, and oversight mechanisms, ensuring

independence for consumers. France transposed this Di-

rective in 2015 and adopted the following provisions:

  Consumer mediation must be voluntary on the part of

both parties to the dispute;

  Consumers may have free recourse to a consumer medi-

ator;

  Professionals are responsible for funding the entire

mediation process and empowering mediators to main-

tain independence. 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 acces-

sible mediation services, while emphasising that media-

tion 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 pro-

pose solutions based on legal principles and fair

ness which the parties are free to accept or reject

In France conf identiality must be strictly maintained

throughout the mediation process by the parties and the

consumer mediators in accordance with 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 the above provisions outlined in Title 1 of

Book VI of the French Consumer Code (Articles L611.1 to

L641.1 and R612.1 to R616.2).

The CECMC is the body responsible for appointing ombuds-

men, whether they are individuals or legal entities (organi-

sations, federations, etc.).

The choice of Ombudsman is governed by law, with specif ic

criteria outlined in Article L613:

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The legal framework for ediation

The independence of the Ombudsman

Consumer mediation emerged from the European states’ desire to enhance

consumer trust in the functioning of the common market.

The appointment of the Ombudsman

for the ENGIE Group

Independence and impartiality foundational principles of

consumer mediation are thus assured by the CECMC In this regard in February 2016

the CECMC added the Ombudsman for the ENGIE Group to the list of independent

consumer mediators which was of f icially reported to the European Commission

with this appointment being renewed in 2021

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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 affairs;

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.

In addition, an Ombudsman for a single com-

pany must meet additional criteria:

1. He or she shall be appointed, in accordance with a

transparent procedure, by a collegiate body set up by

the company, comprising representatives of approved

consumer organisations and representatives of the

business;

2. At the end of their term of off ice, the Ombudsman is

prohibited from working for the business who employed

them or for the federation of which this business is a

member for a period of at least three years;

3 There can be no hierarchical or functional reporting

relationship between the business and the Ombudsman

while the latter is carrying out their role as Ombudsman

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