The Mediator of consumption can inform you about the various possibilities you can try to find an amicable solution for a consumer dispute.
He receives all applications for amicable settlement of consumer disputes and forwards those applications to a specialised entity, if one exists in the specific area of activity.
Otherwise, he himself takes responsibility for the application.
Both consumers and traders can submit an application for an amicable settlement to the Mediator of consumption for consumer disputes, that is to say disputes arising from a sale or service contract. Traders must be established in Luxembourg.
A consumer dispute is a disagreement regarding a sale contract or a service contract entered into between a consumer and a trader.
You can submit any applications for an amicable settlement of consumer disputes to the Mediator of consumption.
However, he will be unable to help you in the following cases:
The Mediator of consumption may refuse to act upon your application if:
Yes. The Mediator of consumption may inform consumers and traders about their rights and obligations in connection with amicable settlement of a consumer dispute.
But, since the Mediator of consumption is entirely neutral, he cannot give you information about your rights and obligations under a sale or service contract.
No. Once the dispute has been brought before a court, an arbitration tribunal or another mediation service, the Mediator of consumption can in principle no longer help you to seek an amicable solution.
Applications may be submitted by post, by email, by fax or by filling in the form available on this site.
Applications may be submitted in Luxembourgish, German, French or English.
The proceedings may be conducted in Luxembourgish, German or French.
No. You can file an application by yourself, without any need to seek help from a lawyer.
Yes. The parties can arrange to be assisted or represented by a lawyer or a person they trust.
But each party must bear any costs of such assistance or representation.
After the consumer or the trader has filed an application for amicable settlement, he will receive an acknowledgement of receipt.
The Mediator of consumption contacts the other party to ask whether he or she agrees to participate in the process and to give his/her views on the application. If the other party refuses or does not respond to the Mediator of consumption’s invitation, the process is terminated.
If the other party agrees to participate and gives his/her views on the matter to the Mediator of consumption, that information is forwarded to the applicant.
The Mediator of consumption then tries to find some common ground between the parties in order to reach an amicable settlement.
If no amicable settlement can be reached, the Mediator of consumption may invite the parties to the premises of the National service of the Mediator of consumption so they can discuss with each other the possibility of an amicable settlement.
If the parties reach an amicable agreement, they sign that agreement.
If the parties do not reach an amicable agreement, the Mediator of consumption may propose a solution which the parties are free to accept or reject.
The result of the amicable settlement proceedings will in principle be notified to you within a period of 90 days. That time limit starts from the time when the parties first exchanged their points of view.
If the parties do not reach an amicable solution, the Mediator of consumption may suggest a solution to them. The parties are free to accept that proposal or to reject it.
No. The aim is clearly to reach an amicable solution which is advantageous to all the parties. However, if the parties do not reach an amicable solution, the Mediator of consumption may suggest a solution to them. The parties are then given a reasonable period to examine the proposal and to inform the Mediator of consumption whether they accept it or reject it.
You are free at any time in the amicable settlement procedure to bring it to an end and to file a claim with a court or tribunal.
The aim of mediation is, with the aid of the Mediator of consumption, to work out an amicable solution which benefits both parties and thus restores trust between them. If this is successful, it is a win-win situation.
The operating expenses of the National service of the Mediator of consumption are paid out of the State budget.
No. The processing of your application for an amicable settlement is free of charge, both for the consumer and for the trader.
If your application is forwarded to another qualified entity, the latter’s intervention is generally free. If you are asked to make a contribution, the amount concerned must be modest.
The Mediator of consumption can invoke any applicable legal rules or codes of conduct applicable to the subject matter. The solution proposed may also be based on considerations of equity.
No. Once the Mediator of consumption informs you that your application is complete, the limitation period for bringing legal proceedings is suspended and does not start to run again until the procedure is over.
No. All disputes deriving from a sale contract or a service contract entered into between a consumer and a trader may be referred to the Mediator of consumption, regardless of the amount at issue.
No. Proceedings before the Mediator of consumption are entirely voluntary. The parties can withdraw from them at any time and are free to accept or reject any proposal which the Mediator of consumption may make to them.
Yes. The parties can freely express their views during the amicable settlement procedure, since all the information disclosed during the proceedings must be treated as confidential by the other party and by the Mediator of consumption. That information cannot in principle be disclosed during any subsequent court proceedings.
The Mediator of consumption is bound by professional secret and cannot in principle be called on to give evidence in any later court proceedings.
Each of the parties may also entrust confidential information to the Mediator of consumption alone and inform the Mediator of consumption that it must not be disclosed to the other party. The Mediator of consumption must strictly comply with that wish.
