Why the mediation?

Role of mediation

The Ombudsman has as mission to process applications of extra-judicial settlement of insurance litigations between Luxembourg-based insurance companies and consumers residing in Luxembourg or in another State of the European Union.

After reviewing the complaint, the Ombudsman addresses a letter of motivation to the concerned parties. When the Ombudsman notes that the positions of the parties are irreconcilable, they inform the parties in writing. The Ombudsman  can also bring together the parties in litigation to facilitate a solution , to find a respective  amicable resolution or to propose a solution himself. The conclusions or proposals of the Ombudsman’s solution are non-binding on the parties concerned.

The decisions of the Ombudsman are not made public. The names of the parties involved are not disclosed to third persons. They are based on the judicial and legal provisions applicable and they can also take into account components of equity.

To learn more about the role of mediation, we invite you to meet the first insurance mediator in Luxembourg through the voice of Valérie Tollet:

Who can use mediation?

Recourse to the Ombudsman is open to consumers residing in Luxembourg or in another State of the European Union for litigation concerning (life or non-life) insurance contracts concluded with  Luxembourg-based insurance companies.

When can the mediator not intervene?

The Ombudsman may refuse to process a case referred to him on the grounds
that:

• the applicant has not attempted to contact the other party to discuss their claim and to seek, firstly, to resolve the issue directly with the other party within a period of two months;
• the litigation is abusive, fancified or vexatious;
• the litigation was previously or is currently being considered by another entity of extra-judicial settlement of litigations, an arbitral tribunal or a court, domestic or foreign;
• the mediator is incompetent to deal with the dispute (e.g. non-assurantial litigation).

Composition of the Mediation Panel

The Ombudsman works in joint form “ULC / ACA”.
Each party shall designate a delegate, as well as a substitute.
The delegate of  ACA is Mrs Valérie TOLLET, Member of ACA Executive Committee.
The delegate of the ULC is Mr André MARMANN.
The two aforementioned delegates are appointed for an unlimited period.
They are held to a strict duty of confidentiality.

ACA and ULC shall take the necessary measures to ensure that the treatment of personal data fully respects the legislation in this area.

ACA and ULC delegates meet requirements of “skills, independence and impartiality” as established by the legislation on extra-judicial settlement of consumer litigations. They cannot be relieved of their duties without just cause and they cannot receive instructions from the parties.

The delegates are allowed to be assisted if necessary by experts (in technical matters), to hear the concerned parties and even third parties and generally to take all information they need.

Procedure for extra-judicial settlement

The parties involved have the right to be represented or assisted by a third party (e.g. a lawyer) at all stages of the procedure.

They have the opportunity to withdraw from the procedure at any time, e.g. when they are dissatisfied with the performance or operations of the procedure.

When the Ombudsman proposes a solution to resolve the litigation, the parties concerned must be informed by the Ombudsman:

• that they have the possibility to accept or refuse the proposed solution;
• that participation in the procedure does not exclude the later possibility of legal recourse;
• that the proposed solution could be different from the decision of a court applying the legal provisions concerned;
• the possible legal consequences relating to the acceptation of the proposed solution.

The parties concerned have a reasonable period of reflection set at 1 month before indicating that they accept the solution proposed by the mediator or an amicable agreement (the period running from the date of receipt of the related letter from the Ombudsman).

The proceedings before the Ombudsman are free.

Referral to the Ombudsman can be via :

• Digital form: In order to facilitate the procedure, you also have the possibility to fill in and send the form directly via our online form.
• Downloadable postal form: The form can be downloaded, completed and sent (by post or by email)

You can fill in the form in one of the official languages of Luxembourg (English is also accepted).

The proceedings are also conducted in these languages.

Each party has the option, within a reasonable period of 2 weeks, to freely express their points of view and their arguments; to receive from the Ombudsman the arguments, evidence, documents and exhibits produced by the other party as well as any advice given by experts.

Legal limitation periods are suspended from the date of referral to the Ombudsman, provided that the application for mediation is complete. Suspension runs until the day when the Ombudsman shall communicate to the parties:

• that the the application is refused;
• that the procedure is terminated either by communication of a reasoned conclusion or by the proposal of a solution or an amicable agreement.

Suspension also ends on the date on which one of the parties notifies the other party of its decision to settle the dispute out-of-court.

Reasoned conclusions made by the Ombudsman, as well as solutions proposed by him or amicable agreements cannot be used as evidence in court, unless otherwise agreed by all parties concerned.

The different steps of the procedure

• The parties involved in an out-of-court settlement request must provide the Ombudsman with all relevant documents and information relating to the request..

• Within three weeks following receipt of the complete application, the Ombudsman, when in accordance with the rules of procedure is unable to deal with a submitted dispute , provides the parties with a detailed explanation in writing of the reasons why he has not agreed to deal with the dispute.

• The Ombudsman sends, within 3 weeks,   written confirmation to the applicant when an application is considered admissable and complete.

• Upon obtaining all documents and information required on the part of the professional for the correct examination of the case, the Ombudsman informs the parties of the receipt of the complete application and the date of receipt.

• Within a period of 90 days from the date of receipt of the complete application, the Ombudsman shall communicate the outcome of the out-of-court dispute resolution to the parties and respectively sends them a letter with reasoned conclusions and  a proposed solution.

• The Ombudsman may, if deemed useful, extend the 90 days deadline in case of highly complex disputes. The parties will be informed of any extension of this deadline and of the approximate time scheduled for the resolution of the dispute.

I want to use mediation

Do you meet the various criteria for mediation? We then suggest that you move on to the next step by referring the matter for mediation:

Key Figures

Number and type of complaints in 2023

Outcome of mediation requests

FAQ

• When can I turn to the Ombudsman?

  The Ombudsman may be called upon after the claimant has attempted to contact the other party to discuss the claim and to seek, as a first step, to resolve the matter directly with that party.

• Can I refer a dispute with a foreign insurer to the mediator?

  The Ombudsman’s mission is to deal with requests for out-of-court settlement of insurance disputes between insurance companies established in Luxembourg and consumers residing in Luxembourg or in another State of the European Union. It is therefore not competent to handle disputes with a foreign insurer. In such a situation, please contact the competent mediation body of the country concerned.

• In what cases can the mediator not intervene?

  The mediator may refuse to deal with a particular dispute referred to him or her on the grounds that :

  • the claimant has not attempted to contact the other party to discuss the claim and seek, as a first step, to resolve the matter directly with that party within two months
  • the dispute is abusive, frivolous or vexatious
  • the dispute has been previously or is currently being considered by another domestic or foreign alternative dispute resolution entity, arbitral tribunal or court
  • the mediator is incompetent to handle the dispute (e.g. non-insurance dispute)
• What are the different dispute resolution organizations?

  The European Commission provides a website for European consumers that lists the different dispute resolution bodies. You can use it to lodge a complaint about goods or services you have purchased over the internet and find a neutral third party (a “dispute resolution body”) that will deal with the dispute.

• What does the law say about mediation?

  The law of February 17, 2016 inserts a Book 4 in the Consumer Code relating to the out-of-court settlement of consumer disputes and establishes the Consumer Ombudsman.
  This is a transposition into national law of Directive 2013/11/EU on the out-of-court settlement of consumer disputes, which requires Member States to set up “out-of-court entities for the amicable settlement of consumer disputes between a trader established on its territory and a consumer residing in the European Union”.
  The law details the process of out-of-court settlement of consumer disputes as well as the functioning and status of the Consumer Ombudsman and other entities that offer to settle a consumer dispute through an out-of-court procedure.