Mediation Rules of the CMMB

Mediation Rules of the CMMB

Considering the provisions of Law No. 08-05 of 30 November 2007 repealing and replacing Chapter VIII of Title V of the Code of Civil Procedure, promulgated by Dahir No. 1-07-169 of 30 November 2007;

Considering the actions of Bank Al-Maghrib and the banking sector to improve the relationship between Credit Institutions and their Clients;

Considering the provisions of the statutes of the Moroccan Centre of Banking Mediation, (hereinafter the Centre) in particular Article 11, adopted at the constituent general assembly of 06.25.2013.

This Regulation aims to regulate the mediation measures managed by the Centre. It won the support of Credit Institutions, Micro-Credit associations and their Clients, hereinafter referred to by the parties.

Definitions

  • Transaction Agreement: Act made by the parties to devote their agreement following a mediation procedure.
  • Statement of disagreement: Act made by the Ombudsman declaring the partial or total disagreement of the parties at the conclusion of a mediation procedure.
  • Institution (s): Credit Institutions and Finance Companies as defined in the 34-03 Law on Credit Institutions and similar organizations, as well as Micro-Credit associations governed by the provisions of Law 18-97 Micro-Credit as amended and supplemented.
  • Client: The term Client is understood in its broadest concept covering both Institutions regular and passing Clients.
  • Ombudsman: head of the Moroccan Centre of Banking Mediation.
  • External Ombudsman: chosen by the Ombudsman on a list approved by the Board of Directors

Article 1

The Centre operates two banking mediation measures for the amicable settlement of disputes arising between the Institutions and their Clients. These are:

  • The institutional mediation measure, called “first compartment of the Centre”, for the benefit of individuals and corporations in matters and following terms provided for in this present Rule;
  • And conventional mediation measure, called “second compartment of the Centre”, for the benefit of individuals and legal entities, governed by the provisions of the above-mentioned law 08-05 applicable to the mediation and by this present Rule.

I – Mediation measure of the Centre first compartment

Article 2

Are eligible for the first compartment disputes between the parties, where the amount involved is less than or equal to 1,000,000.00 dirhams, including those relating to:

  • The current accounts, term deposits and savings accounts;
  • The means of payment;
  • The financial assistance repayment terms;
  • The issuance of documents to Clients (release, amortization schedule, outstanding certificate…);

Are also eligible for this compartment the 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 enacting consumer protection measures;
  • The difficulties of regulation, by all SMEs, of bank loans.

Article 3

Recourse to mediation measure of the first compartment is voluntary and free of charge.

Article 4

Before submitting the Ombudsman, Clients must refer their grievances to the competent services of their Institutions.

Complaints, duly supported by all supporting documents, can be sent to the Institutions by registered mail with return receipt or deposited to them against receipt or acknowledgement of receipt.

The institutions are required to respond to complaints received from the Clients within a period consistent with the one adopted by the Recommendation of Bank Al-Maghrib n°1/G/2012 on the treatment of claims of Credit Institutions Clients.

Article 5

Any Client who has not received response from his establishment within the period referred to in Article 4 above, or that is not satisfied with the response received, may refer to the Ombudsman either by registered mail with acknowledgement of receipt, or by dropping the request for mediation, against receipt, directly at the Centre, located in the branch of Bank Al-Maghrib in Casablanca or through any other means available to the public by the Centre.

The Ombudsman shall immediately inform the Establishment concerned.

Article 6

Any request for mediation addressed or dropped to the Centre must specify clearly the subject of the dispute and be supported by all documents and information necessary for its investigation and, if need be, the response of the Establishment concerned.

The Ombudsman may request the Client and the Establishment concerned the production of any additional information or document.

Article 7

Any dispute that had already been the subject of a judicial or arbitral decision or action pending before a court or arbitral proceedings is inadmissible before the Centre.

Article 8

If a Client, which referred the Ombudsman, simultaneously or subsequently seize a court of the same dispute, the called Institution shall alert within eight days the Centre, which shall immediately proceed to the closure of the mediation file and notifies the Client.

Article 9

The Centre has 10 days to declare the admissibility of the request for mediation.

In case of admissibility, the Centre has 30 days to process the request, unless an extension is duly justified and accepted by the parties and propose a solution to them. Such extension shall in no case exceed a period of 30 days.

Article 10

The Clients must attach to their application for referral to the Centre, a signed and legalized document, which model is formerly established by the Centre, explicitly authorizing the establishment in question to communicate to the Ombudsman all the documents or information required for the accomplishment of his mission. Client must untie Establishment of bank secrecy and this, for the purposes of the mediation.

Article 11

The Ombudsman has complete latitude to hear the Client who deposited to them a request for mediation as well as the representative of the Institution concerned and that, to reconcile their views and offer them the solution they consider appropriate.

Any person the Client may deem advisable by justifying in writing his identity and quality may assist the Client. In this case, this person must sign a confidentiality agreement following the form established by the Centre except for the person or persons legally bound by professional secrecy.

Article 12

Following the instruction of a dispute and after hearing the parties, the Ombudsman makes a settlement agreement and invites the Client and the representative of the Institution to sign the agreement.

The Client shall deliver the settlement agreement duly legalized to the Ombudsman within a period not exceeding 10 days; otherwise the proposed agreement shall become null and void.

If mediation fails, a report stating the position of each party is prepared and signed by the Ombudsman. A copy of this report is delivered to the parties at their request.

The findings and statements from Clients and institutions may not be produced or cited in the subsequent proceedings if it continues in judicial procedure without the consent of the parties.

Article 13

Notwithstanding the provisions of Article 12 above, Institutions accept the Ombudsman’s motion for a resolution when the amount involved does not exceed the amounts, hereafter:

  • 200,000 dirhams for banks;
  • 100,000 dirhams for finance companies, with the exception of consumer credit companies;
  • 50,000 dirhams for consumer credit companies;
  • 5,000 dirhams for Micro-Credit associations.

Article 14

The Ombudsman shall notify the act concerning the settlement agreement to the Establishment that must implement it within a period not exceeding 10 days.

Article 15

The banking mediation measure of the first compartment is established without prejudice to the right of the parties to resort to the ordinary courts or to arbitration proceedings.

II – Mediation measure of the Centre second compartment

Article 16

The provisions of Law No. 08-05 repealing and replacing Chapter VIII of Title V of the Code of Civil Procedure, enacted by Dahir No. 1-07-169 of 19 Kaada 1428 (30 November 2007) governs the conventional mediation measure.

Article 17

Are eligible for the second compartment disputes that may arise or have already arisen between the parties in whose issue amount exceeds one million dirhams at the time when the Centre receives the request for mediation.

Article 18

Pursuant to Article 327-56 of Law No. 08-05 referred to above, the parties should sign a mediation agreement under which the parties agree to appoint an Ombudsman responsible for facilitating the conclusion of a transaction in order to end the dispute born or to be born.

It can be contained in the main agreement. It is then called mediation clause.

The mediation agreement may be concluded after the dispute has arisen between the parties. It is then called “mediation compromise.” It can also occur during the court proceedings and can interrupt the course of the proceedings at the request of the party that initiated the procedure within 8 days.

Article 19

The recourse of the second compartment is voluntary and a paying service on a scale fixed by the Centre, after its approval by the Board of Directors.

Article 20

The mediation request may be joint, meaning brought by the two parties, or, failing that, by the most diligent party.

The request is made in writing to the Centre and shall contain:

  • All elements of identification of the parties (first name and surname and / or company name, address, grade, phone, email address);
  • A description of the dispute, its causes and eventually the positions of the parties;
  • The powers of individuals representing corporations.

The statutory period of mediation, fixed at three months by article 327-65 of the law 08-05, begins to run from the date of acceptance of this mediation request by the Centre.

Article 21

When either party makes the mediation request, it shall be notified to the other party. The latter has a maximum period of fifteen days to response. In case of positive response, both parties will bear the costs of opening the file, provided by the scale approved by the Board of Directors of the Centre, which are definitively acquired.

Article 22

For the treatment of requests for mediation, the Centre may have recourse, if necessary, to an external Ombudsman. The latter undertakes to apply this Rule.

The Client and the Establishment initiate mediation procedure only after they pay the fees according to the scale referred to in Article 19 above.

Article 23

Within seven days of the notification of the appointment of the Ombudsman, either party may request that they be replaced. The Ombudsman shall be replaced only once.

Article 24

The appointed Ombudsman sets, after consulting the parties, schedule and other terms of the mediation procedure. This should result in a period of three months from the date of acceptance of the request for mediation by the Ombudsman. This period may be extended by mutual agreement of the parties.

Article 25

Conventional mediation ends:

  • In case a settlement agreement is signed by the parties, the Centre and if necessary external Ombudsman;
  • On a decision of the Centre, if it considers that it cannot achieve reconcile the views of the parties. In this case, a report is drawn up stating the non-transaction of the mediation. It is signed by the Centre and if necessary external Ombudsman;
  • By the will of one or both parties to waive, in writing, to the mediation procedure; in this case, any paid fees remain acquired by the Centre.

III – Common provisions

Article 26

The institutions insert into the account agreements of the Client, or any other contractual document, information on terms ad conditions about recourse to mediation of the Centre.

Article 27

The Ombudsman, his employees and external Ombudsmen as well as any person who participates in any capacity in the processing of mediation cases and more generally, any person called to know or use information relating to these issues are strictly bound to respect professional secrecy in accordance with Article 79 of the law 34-03 on Credit Institutions and similar bodies.

The documents delivered by the parties are kept by the Centre and are not returned to them.

Article 28

The Code of Ethics approved by the Board of the Centre binds the members of the Board of Directors and the Management Committee, the Ombudsman, his staff and external mediators, and any person called upon to deal with matters that he is responsible.