Our Way of Working

The goal of mediation is to develop, with the help of the Mediator of consumption, an amicable solution that benefits all parties. When successful, everyone comes out a winner.

The mediator of consumption can inform you about the options for resolving a consumption dispute amicably.

He receives all requests for the amicable resolution of consumption disputes and forwards them to a specialised entity, if one exists in the specific field.

Otherwise, he handles the request himself.

A consumption dispute is an impasse situation concerning a contract of purchase or sale of goods, or for the provision of services, concluded between a consumer and a professional.

The Mediator of consumption may refuse to handle your request if:

•  you have not submitted a complaint to the other party;
• the dispute has no real justification or is delusional;
• the dispute has been or is being examined by another entity seeking amicable resolution, an arbitration tribunal or a court of law whether in Luxembourg or abroad;
•  you have submitted your request more than one year after making a complaint to the other party;
• dealing with the problem would seriously hamper the functioning of the National service of the Mediator of consumption; and
• the request does not concern a dispute between a consumer and a professional arising from a sale or service contract.

The Mediator of consumption may inform consumers and professionals about their rights and obligations within the framework of the amicable resolution process for a consumption dispute.

But, since the Mediator of consumption maintains a neutral and impartial posture, he cannot advise on your rights and obligations arising from a sale or service contract.

Once a dispute has been or is being submitted to a court, an arbitration tribunal, or another mediation service, the Mediator of consumption may, under certain conditions, agree to help you seek an amicable solution.

A mediation can involve two or more parties, with no strict limit on the number. One party may include multiple individuals or representatives.

Requests can be submitted by mail, by email, via our website, or directly through MyGuichet.

The procedure to submit a request is available in French, German, and English.

The request itself can be written in any language.

The process can be conducted in Luxembourgish, German, French, or English.

The lawyers are welcome, without it being mandatory.

Yes, lawyers are welcome in mediations. They can play an important role in assisting their clients during the process.

However, each party must bear any costs associated with such assistance or representation.

After the professional or consumer submits a request for amicable resolution, they receive an acknowledgment of receipt.

The Mediator of consumption contacts the other party to ask if they agree to participate in the process. If the other party refuses or does not respond to the Mediator’s invitation, the process ends.

If the other party agrees to participate, the Mediator invites all parties to a joint meeting at the SNMC offices. The goal of this meeting is to discuss what is important to each party and to lay the foundations for a constructive and productive dialogue aimed at finding a mutually acceptable solution.

The mediator usually offers an individual meeting beforehand to prepare for this joint session.

Parties that reach an amicable agreement can formalize it in writing.

If the parties do not reach an agreement, the Mediator of consumption may propose a solution, which the parties are free to accept or refuse.

Yes. When the parties have reached a written agreement, even a partial one, one or more parties can have the agreement ratified by the President of the District Court in Luxembourg. 

The approximate duration of a mediation is a few weeks from the submission of the request to the conclusion of an agreement. Most of our mediations are concluded after a single meeting.

The legally allotted time to complete the procedure is 90 days. This period can be extended as many times as necessary.

The time limit starts from the moment the request is complete. 

Once the Mediator of consumption informs you that your request is complete, all standard limitation periods are suspended and only resume at the end of the mediation process.

Generally, a meeting lasts 2 hours, and parties may request a break at any moment.

If the parties cannot reach an amicable solution, the Mediator of consumption may propose a solution. The parties are free to accept or refuse this proposal.

No. The goal is to reach an amicable solution that benefits all parties. However, if the parties do not find an amicable solution, the Mediator of consumption may suggest a solution. The parties then have a reasonable period to consider this proposal and inform the Mediator whether they accept or reject it.

The Mediator of consumption may rely on applicable legal rules or relevant codes of conduct. The proposed solution can also be based on consideration of fairness.

You remain free at any point during the amicable resolution process to end it and submit a claim to the courts or tribunals.

The operating costs of the National service of the Mediator of consumption are covered by the State budget.

No. Processing your request for an amicable resolution is free of charge for both the consumer and the professional.

If your request is referred to another qualified entity, their intervention is generally free. If any participation fee is required, it must be at a modest cost.

No. All disputes arising from a contract of sale, purchase, or service concluded between a consumer and a professional can be submitted to the Mediator of consumption, regardless of the amount involved.

No. The process before the Mediator of consumption is entirely voluntary. Parties may withdraw at any time and are free to accept or reject any proposal made by the Mediator of consumption.

Yes. Parties can speak freely during the amicable settlement process because all information disclosed must be treated confidentially by both the other party and the Mediator of consumption. In principle, this information cannot be revealed in any subsequent legal proceedings.

The Mediator of consumption is bound by professional secrecy and, in principle, cannot be called to testify in any subsequent judicial procedure.

Each party may also provide confidential information solely to the mediator and specify that it should not be disclosed to the other party. The mediator is obliged to fully respect this request.