Mediation Measure

Mediation Measure

The mission of the Moroccan Centre of Mediation Centre “CMMB”, created under the Law of Association (Dahir No. 1-58-376 of 15 November 1958), is the settlement of disputes arising or which may arise between Clients and Credit Institutions, which include Banks, Finance Companies and Micro-credit Associations, through two mediation measures, one institutional and the other conventional, in accordance with the law (law 08-05 and law 31-08) and regulatory provisions (mediation rules).

The mediation rule of the CMMB defines the basic principles governing the relationship between the Centre on one hand, banks, finance companies, associations of Micro-Credit and their Clients on the other hand. It defines the Centre seisin procedures and the treatment of mediation cases.

The Customer must refer their Credit Institution of their litigation before referring the CMMB.

The Centre operates through the measure hereafter:

Institutional mediation measure

Are eligible for consideration by the Centre as part of this measure disputes between the parties relating to:

• Current accounts, term accounts and savings accounts;

• Means of payment;

• Financial aids repayment terms;

• Issuance of documents to customers (release, amortization schedule, outstanding certificate…).

Are also eligible to that compartment, folders linked to:

• The recovery of claims in the event that non-payment is due to a case of dismissal or an unexpected social situation, in accordance with article 111 of Law No. 31-08 enact consumer protection measures;

• The difficulties of regulation, by all SMEs, bank loans.

The use of the above measures is voluntary and free of charge. The Ombudsman of the Centre provides the processing of mediation cases.

Slide Statutory time frame 30 days from the admissibility of the case by the Ombudsman with a possible extension of 30 days maximum. Slide Step 1: Receipt of complaint • Identify the dispute (admissibility of the complaint). Establish the full application: request, receipts, and complaint to the Institution with its answer... • Immediately inform the Institution. => Launch of the procedure (time to maturity). Slide Step 2: File Processing • The facility has a period of 8 days to check and inform if the dispute was the subject of legal proceedings. In this case, the CMMB closes the file and notifies the Client. • Organise meetings (Institution and / or Client) • Propose a solution to the parties. • Give a deadline of 10 days for acceptance or refusal. Slide Step 3: Conciliation of the Parties Case 1: Parties accept resolution • A Transaction Protocol shall be drawn up and signed by the parties. Client legalizes his signature, to return it within 10 days maximum. The Institution of Credit has 10 days maximum to complete the transaction. Case 2: refusal by either of the two Parties • The Ombudsman shall prepare a record of non- transaction and a copy shall be provided. Slide Step 4: File Closure • If there is an agreement: a copy is provided to each Party. • If there is refusal of the solution: a notification of non- transaction with a copy of the minutes is provided to each Party. • Closure of the dossier at the Centre.