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The CMAP may be referred to by the consumer with a request for mediation, subject to the conditions set out below in Article 2. The consumer must refer the matter to the CMAP either by using the online form (access the online form), or by e-mail (consommation@cmap.fr), or by post (CMAP – Service Médiation de la consommation, 39, avenue F.D. Roosevelt, 75008 PARIS).
The person requesting mediation must specify the subject of the dispute to the CMAP and send all the documents in the file as indicated in the referral form. Otherwise, the referral shall not be taken into account. This referral can be made in French.
Each party may be assisted or represented, at its own expense, by a lawyer or by any person of its choice throughout the mediation process.
In accordance with Article R612-1 of the French Consumer Code: “Each party may also request the opinion of an expert, whose costs shall be borne by that party”.
The CMAP appoints a mediator approved by the CMAP and validated by the CECMC for each referral. The mediator thus appointed carries out his or her mission in complete independence, impartiality and neutrality, within the framework of the French Consumer Code, and in compliance with the ethics of mediators. The list of CMAP mediators appointed for each agreement signed by the CMAP is available on this website.
The scope of competence of consumer mediation is provided for in Articles L611-3 and L611-4 of the French Consumer Code. Certain disputes are excluded.
The appointed mediator reserves the right to declare referrals inadmissible under the conditions set out in Article L612-2 of the French Consumer Code. He/she shall then inform the consumer within fifteen working days (3 weeks) of receipt of the file by the CMAP.
A dispute cannot be examined by the mediator when:
1. The consumer does not justify having tried, beforehand, to resolve his/her dispute directly with the professional by a written complaint;
2. The request is manifestly unfounded or abusive;
3. The dispute has been previously examined or is being examined by another mediator or by a court;
4. The consumer has lodged his/her request with the CMAP more than one year after his/her written complaint to the professional;
5. The dispute does not fall within the competence of the CMAP.
If the referral is not admissible, the mediator informs the consumer, by e-mail or by simple mail, of the inadmissibility of his/her referral and specifies the reason(s).
If the referral is admissible, the mediator informs by e-mail or by simple mail, in accordance with Article R612-2 of the French Consumer Code:
– The consumer of the terms of the mediation process; and
– The company, of the referral to the CMAP by the consumer and informs him/her of the reasons for the referral.
The mediator also specifies that the parties may withdraw from the process at any time.
Within ten working days of receipt of this Notification by the Company, the latter shall inform the CMAP in writing of its agreement or refusal to implement the mediation.
If the Company refuses to implement mediation, the mediator shall inform the consumer by electronic means or by simple mail.
In accordance with Article R613-1 of the French Consumer Code, the appointed mediator shall inform the consumer and the company without delay of the occurrence of any circumstance likely to affect his or her independence or impartiality or likely to create a conflict of interest, as well as of their right to oppose the continuation of his or her mission. If one of the parties consequently refuses to continue the mediation, the natural person in charge of the mediation shall be replaced.
The CECM shall be informed of any situation of conflict of interest and follow-up.
If the company accepts the implementation of mediation, the mediator contacts by telephone or electronic means, on the one hand, the consumer or his/her counsel and, on the other hand, the company. The mediator may also receive the parties together or separately (Article R612-3 of the French Consumer Code).
In accordance with Article R612-3 of the French Consumer Code, the mediator shall communicate, at the request of one of the parties, all or part of the documents in the file. Furthermore, if, during the course of the mediation, the mediator considers that the parties will not be able to resolve their dispute amicably within the time limit set with his or her help, he or she shall suggest a solution to the parties.
In accordance with Article R612-4 of the French Consumer Code, the mediator, when informing the parties of the solution he or she proposes, shall remind them, by simple mail or by electronic means
1. That they are free to accept or refuse his/her proposed solution;
2. That participation in mediation does not exclude the possibility of bringing an action before a court;
3. That the solution may be different from the decision that would be rendered by a judge.
The mediator also specifies the legal effects of accepting the proposed solution. He/she shall set a time limit for refusal of the proposal, attaching a form for easy notification of such refusal and specifying that, in the absence of a reaction at the end of this time limit, his/her proposal shall be deemed to have been accepted by the parties.
In accordance with Article R612-5 of the French Consumer Code,the time limit for mediation is 90 days from the notification to the parties by the mediator of his/her referral, unless extended by the mediator at any time in the event of a complex dispute, in which case the mediator shall notify the parties as soon as possible.
If the parties reach an amicable solution to their dispute within the time limit (if necessary extended by the mediator, who shall immediately notify the parties), a memorandum of understanding shall be signed by the parties
In accordance with Article R612-1 of the French Consumer Code: “Each party may also request the opinion of an expert, whose costs shall be borne by that party”.
In accordance with Article L612-3 of the French Consumer Code, the mediation of consumer disputes is subject to the obligation of confidentiality set out in Article 21-3 of Law 95-125 of 8 February 1995 on the organisation of the courts and civil, criminal and administrative procedure.