The Ombudsman can only become involved if you have already tried to solve the problem yourself in direct contact with the financial business. Therefore, if you want the Ombudsman to initiate a mediation procedure, you must first address your complaint in writing to the Management or the Complaints Management Office of the financial business. Your letter of complaint must contain a concrete claim or request and a comprehensible justification, so that the financial business is given the opportunity to resolve the matter or to comment on it before the Ombudsman becomes involved. A copy of the correspondence with the financial business must be enclosed with the mediation request. This enables the Ombudsman, as a neutral mediator, to examine the complaint, taking into account the positions and arguments of both parties.
This procedure is also necessary if the financial business has already rejected your complaint verbally or if the matter is clear and unambiguous from your point of view.
The Ombudsman examines the request for mediation and respective documents submitted to him. If these are complete (see question 9) and if there are indications that the client has suffered a damage or other disadvantages as a result of a wrongdoing on the part of his or her financial business in connection with a banking or financial service, the Ombudsman approaches the financial business with the client’s request, unless mediation appears to have no chance of success for certain reasons from the outset.
If examination of the file reveals no evidence of wrongdoing on the part of the financial business or shows that the client has not suffered any concrete damage or disadvantage, no mediation procedure will be initiated. See also question 14.
In rare cases, a dispute may not be suitable for mediation. In accordance with his rules of procedure, the Ombudsman can refuse or discontinue the treatment of complaints which – for example, due to their complexity – are not suitable for an Ombudsman procedure, or where a solution through mediation appears to have no chances of success.