The role of Ombudsfin
Ombudsfin is singular among the various alternative dispute resolution mechanisms. Its intervention goes beyond the scope of mediation-conciliation.
We seek a solution to your dispute
Ombudsfin will seek a pragmatic solution, ensuring that the interests of each party are safeguarded. To this end, it has specific powers allowing us to take into consideration any element useful in resolving the dispute.
In practice, its mission is carried out in several phases. Ombudsfin will first attempt to reconcile the parties’ points of view so that they can resolve their dispute themselves. This is the “mediation” phase.
If the parties are unable to reach a balance through dialogue, Ombudsfin will then adopt a position: either in favor of one of the parties or concluding responsibilities are shared between them.
Ombudsfin’s opinions are not binding (except in certain very specific matters). Each party remains free to decide not to comply with them and to bring the dispute before the Courts if it so wishes.
We make recommendations
If it deems it appropriate, Ombudsfin will make a general or specific recommendation to the financial institution concerned so that it will adapt a procedure or review a contractual provision considered unclear.
Each year, Ombudsfin publishes an annual report in which it makes general recommendations. Some are aimed at the financial sector with a view to improving the quality of the services it provides, while others are addressed to public authorities, consumers and businesses.