The e-commerce seller’s guide
Consumer mediator: your obligation as a seller
Last reviewed on
Do you sell online to individuals? In the event of a dispute, you must offer them a mediator: a free-of-charge third party who seeks an amicable solution, and display their details on your site. Any professional selling to consumers must guarantee them effective and free-of-charge access to an alternative dispute resolution (ADR) scheme (Consumer ADR Directive 2013/11/EU, harmonised across the EU). In concrete terms, you must sign up to an ADR entity and display its details on your site, your terms of sale and your order forms. It is a substantive obligation, which applies to any online shop, independently of any dispute.
What the mediation obligation consists of
Consumer mediation is a means of resolving disputes amicably. Arising from the Consumer ADR Directive 2013/11/EU on alternative dispute resolution for consumer disputes, harmonised across the EU, it imposes two cumulative obligations on the seller.
- •Guarantee effective and free-of-charge access. You must allow your consumer customers to use, free of charge, an ADR scheme with a view to the amicable resolution of a dispute (Consumer ADR Directive 2013/11/EU).
- •Sign up to an ADR scheme. You must come under an approved ADR entity: a sectoral scheme (specific to your line of business), a listed ADR body (in Ireland, one approved by the CCPC), or any other approved dispute resolution scheme. It is the professional who funds the scheme.
What you must display
This is the most concrete compliance point for an online seller. You must communicate to the consumer the details of the competent ADR entity or entities you come under: their name and the address of their website (Consumer ADR Directive 2013/11/EU).
These details must appear:
- →on your website, visibly and legibly (in practice in your legal notices or your terms of sale);
- →in your general terms and conditions of sale;
- →on your order forms and other contractual documents.
This obligation is standalone: even a seller who has never had a single dispute is in breach if they have not joined a mediation scheme or if they do not display the details of the competent mediator.
How a mediation unfolds
Mediation is not a counter open at all times: it presupposes that a prior dialogue has failed. Several rules govern how it is carried out.
- •A prior written complaint. Mediation only comes into play after a written complaint by the consumer to you that has gone unheeded or unanswered.
- •A one-year window to refer the matter to the mediator. The consumer must refer the matter to the mediator within one year of their written complaint.
- •Free of charge and optional for the consumer. Mediation is free of charge for the consumer (you fund the scheme). Recourse to the mediator remains optional: the consumer retains the right to take legal action.
- •Exclusions. Excluded in particular are disputes between professionals (B2B), complaints brought by the professional against the consumer, and direct negotiation between the parties.
The risk in the event of a breach
Failure to sign up to an ADR scheme or failure to communicate the ADR entity's details is liable to enforcement by the national consumer-protection authority (in Ireland, the CCPC). Beyond the fine, failing to offer a route to mediation deprives your customers of an amicable remedy and exposes you to disputes that could have been settled at lower cost. Getting compliant is therefore above all a preventive measure.
One obligation can hide another
A badly handled withdrawal often ends up on your mediator’s desk
The dispute that most often reaches a mediator is a contested refund: the customer says they withdrew, the merchant has no record. Handling withdrawal properly upstream therefore means drying up a good share of mediation cases. Since 19 June 2026, withdrawal goes through a dedicated button: a European obligation (Directive (EU) 2023/2673), in force since 19 June 2026 across the 27 EU member states. BackToMe sets up this button and keeps, for each request, an acknowledgement of receipt on a durable medium and archiving with evidential value: enough to settle a disagreement before it becomes a case.
Read the full withdrawal button guideTo go further
E-commerce compliance
The overview of your obligations as an online seller
The legal guarantee of conformity
Your seller obligations on defects of the goods (2 years)
Pre-contractual information
What you must communicate before the online sale
Legal notices and terms of sale
What your shop must display to be compliant