CONSUMER MEDIATION

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Consumer mediation is the type of mediation, which could have the greatest social interest. Given the existing contractual imbalance between the employer and consumers, the latter turn out to be a sector protected by special consumer regulations that regulate the purchase and sale of consumer goods and services in ...

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Consumer mediation is the type of mediation, which could have the greatest social interest. Given the existing contractual imbalance between the employer and consumers, the latter turn out to be a sector protected by the special consumer regulations that regulate the purchase and sale of consumer goods and services in order to protect the interests of consumers, the market freedom and competition.

However, in innumerable situations consumers see their rights violated, since the purchase of goods or contracting of services implies the adherence of certain terms and conditions, not subject to negotiation, a situation that leads to multiple claims against companies. In addition, today, consumers have a range of goods and services available through online shopping that transcends borders, which implies a complexity in the definition of the regulations and applicable jurisdiction in each case. The regulations require special attention to gain the trust of consumers and promote consumption to improve the economy, facilitating access, including by electronic means, to practical, efficient and inexpensive means so that consumers can see their rights compensated.

In consumer disputes, although they arise from individual consumer interests, the truth is that they transcend society in general, which is equally affected by diffuse and collective interests, with the social impact that this entails.

It may happen that although there are regulations that protect consumers, such regulations can be seen without agile mechanisms to guarantee due compliance by companies towards consumers, so that their own purpose of protecting the consumer who desists is not fulfilled. to go to a judicial process if necessary. In this sense, mediation is of relevant interest as an effective vehicle for resolving conflicts arising between consumers and businessmen.

The consumer mediation regulations enable the possibility of addressing and resolving consumer claims through mediation, before initiating arbitration or contentious proceedings, ensuring impartiality, transparency, effectiveness, speed and justice. Mediation is a practical, efficient and inexpensive instrument for consumers to see their conflicts in the acquisition of goods and services resolved, in a way that promotes the development of consumption and the improvement of the economy.

Therefore, I understand that, of the different areas of mediation, consumer mediation may be the one that has the greatest impact on society.

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