Mediation

As a professional photographer, you have the opportunity to settle disputes out of court. Mediation is available to you in ways that depend on the context in which you work.

1/ The company ombudsman

The Corporate Mediation officer is open to all economic players, both public and private, whatever their size or sector of activity: companies, administrations, employer associations. It offers an alternative to the legal route, enabling, if successful, the establishment of a relationship of trust through dialogue: 70% of mediations result in an agreement. In addition to resolving the existing dispute, the ultimate aim is to enable the mediated parties to continue their business relationship.

Its role is to hear disputes between professionals relating to the conclusion or performance of a private law contract or a public order: contractual clauses, specifications, unilateral modification, sudden termination, quality of products or services, intellectual property...

It offers a free, rapid (< 3 months) and confidential mediation service.

Its advantages: it is independent, neutral, impartial and loyal.

The Corporate Ombudsman is present throughout France via its network of mediators, including some forty regional mediators within the Regional Directorates for the Economy, Employment, Labor and Solidarity (DREETS). Referral is free of charge, and takes just a few clicks here. Before making an official referral, you can also use the contact form to find out more.

2. The consumer ombudsman

Since January 1, 2016, any professional photographer dealing with (non-professional) consumers has been obliged to offer them the possibility of recourse to consumer mediation, an out-of-court dispute settlement process.The process can only be set in motion at the consumer 's initiative (the professional cannot initiate it), provided that the consumer has first made a written approach directly to the professional concerned in an attempt to resolve the dispute.Consumer mediation does not apply to disputes between professionals, nor to proceedings brought by a professional against a consumer.

To comply with these obligations underArticle L.612-1 of the French Consumer Code, you must

- Choose a mediator from the list of mediators approved by the Commission d'évaluation et de contrôle de la médiation de la consommation (available at https://www.economie.gouv.fr/mediation-conso) and sign up to its consumer mediation scheme, after checking that the terms and cost of membership correspond to your company's needs.

Please note: you may not, on your own initiative, mention a mediator if you have not previously contacted him or her to sign an agreement, or if you have not contacted a federation to find out about and accept the conditions for using its mediator.

- Provide consumers with easy access to consumer mediation by informing them of the contact details of the relevant mediator(s). This information (name, address, e-mail, website) must appear on your website, on your general terms and conditions of sale or service, on your order forms, on your contracts and by any other appropriate means.

You must inform consumers of the possibility of contacting the Mediation officer in the event of a dispute, and indicate the electronic link to the online dispute resolution (ODR) platform and your e-mail address on your contracts and website.

Please note: In accordance with article L641-1 of the French Consumer Code, any breach of these obligations is punishable by an administrative fine of 3,000 euros for an individual and 15,000 euros for a legal entity.

For more information: https: //www.economie.gouv.fr/files/files/directions_services/mediation-conso/commission-mediation/Fiche%20pratique%20professionnels.pdf?v=1630939267

3. Business credit mediation

Business credit mediation is a free, confidential service with high-level expertise managed by the Banque de France. It can intervene if your company is experiencing financing difficulties with a bank or credit insurer.

More specifically, credit mediation can be contacted in the following cases:

• denunciation of overdraft
• refusal of credit (cash, equipment, leasing, etc.)
• failure to respond to a credit request
• a challenge to your factoring, dailly or discounting lines (which are credit transactions)
• refusal to reschedule a debt
• a refusal of a surety or guarantee
• reduction of guarantees by a credit insurer.

The Credit Mediator can be contacted by companies with a SIREN number.

In the event of difficulty, first ask your banker or credit insurer for an explanation. If you do not receive a reply within 15 working days, or if your bank or credit insurer does not propose a satisfactory solution, you can use this form to contact the Business Credit Mediator.

For more information: https: //www.economie.gouv.fr/entreprises/mediation-credit-difficultes-financement