Mediation of consumer disputes

Verified 16 October 2026 - Entreprendre Service Public / (Prime Minister)

Mediation of consumption is a method of amicable resolution of disputes between a trader and a consumer, without recourse to justice. The professional must appoint a competent mediator for his activity, inform his clients of his contact details and allow them to seize him under the conditions provided.

Any professional who sells goods or provides services to consumers must appoint a consumer ombudsman. This allows the consumer to have recourse to mediation in the event of a dispute related to the performance of a contract.

The obligation to resort to mediation applies whatever the size and professional sector of the company (e.g. food trade, online sales, property management, construction, insurance, press, IT).

The consumer mediation system does not apply to disputes between professionals, for example when a company disputes an invoice with its supplier.

Example :

A company that works exclusively with other professionals (B2B) is not subject to the obligation to appoint a consumer ombudsman.

The professional must choose a mediator adapted to his activity by checking that the latter is well referenced by the Commission for Evaluation and Control of Consumer Mediation (CECMC) and then join the chosen mediation system.

1Choosing a mediation mechanism

Every professional must allow his clients consumers use of a consumer ombudsman to resolve a dispute amicably. It must therefore designate one or more mediators referred to by the Commission for the Evaluation and Control of Consumer Mediation (CECMC) and competent for its sector of activity.

To find the mediator authorized to be referred by his clients, the professional may choose one of the following devices :

  • Be attached to a sectoral public ombudsman, if it exists in the professional sector (electronic communications, water, energy, insurance, tourism). For example, an electricity or gas supplier may be subject to the National Energy Ombudsman.
  • Choose the mediator of your professional federation, if it is a member or if it meets the conditions for access to the mediation service offered by that federation. For example, a bank may use Ombudsman of the French Banking Federation whether it fulfills the conditions for benefiting from this scheme.
  • Conclude a agreement with an association or mediation business : for example, the Center for Mediation and Arbitration of the Paris French Chamber of commerce and industry (CMAP) or the CNPM mediation consumer.
  • Set up a internal company mediator : for example, a large company can set up its own mediation mechanism. However, the Ombudsman must be independent: he is appointed by a collegial body comprising at least two representatives of approved consumer associations and two representatives of the trader. No hierarchical or functional link must exist between the professional and the mediator during his mission.

To find a consumer mediator referenced by the Consumer Mediation Evaluation and Control Commission (CECMC) :

Finding a consumer mediator

Please note

The Consumer Mediation Evaluation and Control Commission (CECMC) is responsible for establishing the list of mediators who meet the requirements of diligence, competence, independence and impartiality. It also ensures that the procedures put in place by ombudsmen are transparent, effective and fair.

For learn more about CECMC :

Commission for the Evaluation and Control of Consumer Mediation

Ministry of Economy

Pour en savoir plus

2Adhere to the chosen device

The professional must contact the mediator or the chosen body to know the conditions of access to the service, the rates and the steps to be taken. Depending on the system, he may have to join a professional federation, subscribe to the mediation service proposed by it or sign an agreement with a mediation body.

It must also ensure that the mediator agrees to take charge of disputes within his activity and that the procedures for referring cases to its customers are defined. It is therefore not enough to choose a mediator from a list: the professional must have organized the use of his service before communicating the contact details to his clients.

Please note

The mediation costs vary by organization and membership terms. Before committing, the trader has an interest in comparing offers and checking whether annual fees or additional fees may apply in case of dispute.

The trader must communicate to the consumer the contact details of the consumer ombudsman (name, postal address and address of the Ombudsman's website) to which he belongs. This information is part of the mandatory particulars to appear on the website of a trader.

It must record the information related to the consumer ombudsman chosen, in a visible and understandable manner, on sound website and on its business documents (CGV and purchase orders). In the absence of such media, any other appropriate means is permitted (e.g. by display).

The trader must inform the consumer twice :

  • Before the conclusion of the contract
  • During the contract, following a prior complaint the consumer who would not have succeeded.

Please note

Failure to comply with this provision shall be punished by an administrative fine of €3,000 for an individual contractor and €15,000 for a business.

Disputes between a consumer and a professional are subject to consumer mediation. On the contrary, some disputes are not concerned by consumer mediation.

Disputes compatible with mediation

Mediation of consumer disputes applies to all disputes between a consumer and a professional in connection with a contract for the sale or supply of services.

The obligation to resort to mediation applies regardless of size and professional sector company (e.g. food trade, online sales, property management, building, insurance, press, IT).

These may include:

  • National disputes : the consumer and the trader are established in the same State at the time of conclusion of the contract. For example, a consumer residing in France buys furniture from a store established in France.
  • Cross-border disputes : the consumer is resident in a State other than that in which the trader is established at the time the contract is concluded. For example, a consumer residing in France orders a garment from a company established in Austria.

FYI  

Any clause or an agreement which obliges the consumer, in the event of a dispute, to resort to compulsory mediation before bringing the matter before the court is prohibited.

In case of cross-border litigation in Europe, the consumer may always resort to the mediation of consumption proposed by the trader. But it can also contact the European Consumer Center (ECC) in your country of residence:

This free service informs him about his rights and helps him to find a solution with the professional. The EQF of his country may cooperate with the EQF of the country where the trader is established.

Thanks to its network in each EU country(UE), in Iceland and Norway, the EQF answers questions from consumers and helps them in their efforts.

Please note

As the UK has left the official EQF network due to Brexit, it is still collaborating with the EQF via the UK International Consumer Center (UK ICC) to try to resolve amicably disputes between european consumers and british professionals.

Disputes not compatible with mediation

Mediation of consumer disputes does not apply in the following cases

  • Dispute between professionals
  • Consumer complaint to the professional's customer service department
  • Direct negotiation between consumer and trader
  • Attempted conciliation or mediation ordered by a court hearing the consumer dispute
  • Proceedings brought by a trader against a consumer
  • Litigation concerning non-market services of general interest provided by an administration or an association, for example a dispute with a town hall concerning access to a non-market municipal service, such as a municipal library.
  • Litigation relating to health services provided by health professionals to patients (including the prescription, administration and supply of medicines or medical devices)
  • Dispute concerning services provided by public higher education providers.

The consumer ombudsman may consider a dispute if all the following conditions are met:

  • Have first sent a written complaint to the professional on: consumer must have attempted to resolve the dispute directly with the trader, as may be provided for in the contract.
  • Submit an admissible application : the claim must not be manifestly unfounded or abusive, for example, claiming compensation without explaining the harm suffered or giving reasons for the claim.
  • Not having already referred the dispute to another mediator or court : the dispute must not have been previously examined or be under examination by one of them.
  • Respect the deadline for referral : the consumer must refer the matter to the mediator within one year of making a written complaint to the trader.
  • Present a dispute within the competence of the mediator : the mediator may only examine disputes falling within his or her sphere of competence.

The mediator shall inform the consumer of the rejection of his request in a delay of 3 weeks from the receipt of his file.

FYI  

Mediation of consumption may only be undertaken at the initiative of the consumer. The professional cannot himself refer the matter to the mediator to impose mediation on his client.

Mediation of consumption is free for the consumer. It's the professional who in bear the costs.

The mediator communicates to the professional his rates and financial conditions (by deed, package or subscription). Rates may vary depending on the amount of damage involved.

Please note

If the consumer chooses to use the services of a lawyer or expert during the mediation process (which is not mandatory), he will settle the fees which are his responsibility.

If the parties are unable to reach an agreement alone, the consumer ombudsman shall propose, in a 90 days, a solution enabling the amicable resolution of the dispute. The parties are responsible for accepting or refusing it.

In case of refusal, the parties may decide to pursue their dispute before the judicial judge :

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