Among the legal procedures for resolving collective labor disputes, there is mediation, as provided for by the Labor Code, which is entrusted to a natural person, designated for this purpose.
When it concerns a conflict with regional, departmental or local impact, the mediation procedure may be initiated by the regional prefect at the written and reasoned request of one of the parties to the conflict or on his own initiative.
The mediation procedure can also be initiated after the failure of a conciliation procedure, by the president of the regional conciliation commission, at the request of one of the parties or on his own initiative.
Choice of mediator
The mediator is freely chosen by the parties.
- When the importance of the conflict, its geographical impact, the number of employees concerned or the particular circumstances in which it occurred require it, the mediator may be appointed by the minister responsible for labor.
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The parties may jointly submit requests for mediation specifying that they intend to resort directly to mediation and indicating the name of the mediator chosen by mutual agreement. The joint request of the parties is addressed to the regional prefect when it concerns a collective conflict with regional, departmental or local impact.
In this case, the decision to contact the mediator is taken by the regional prefect, who notifies the chosen mediator of his appointment and sends him the file compiled on the conflict.
If the parties cannot agree on the choice of mediator, the latter is then appointed by the regional prefect, on the proposal of the regional director of the economy, employment, labor and solidarity (DREETS), among people appearing on a regional list drawn up by the regional prefect.
The list of mediators includes at least ten names of personalities chosen according to their moral authority and their economic and social competence. This regional list is revised every three years and can be supplemented at any time.
Powers of the mediator
The mediator has the broadest powers to inquire about the economic situation of companies and the situation of employees affected by the conflict.
It may carry out any inquiries with companies and unions and request from the parties the transmission of any document or information of an economic, accounting, financial, statistical or administrative nature likely to be useful to it in accomplishing its mission. He may call on experts as well as any qualified person likely to enlighten him.
The parties submit a brief to the mediator containing their observations. Each brief is communicated by the party who wrote it to the opposing party.
When communication of documents useful for the accomplishment of his mission is knowingly refused to the mediator, he submits a report to the prefect who transmits it to the public prosecutor.
The parties to the conflict are required, unless there is a legitimate reason, to respond to any summons from the mediator. They may, in the event of serious impediment, be represented by a person qualified to conclude an agreement.
The mediator may carry out any hearings he deems useful.
Effects of mediation
After having, where necessary, tried to reconcile the parties, the mediator submits to them, in the form of a reasoned recommendation, proposals with a view to settling the points in dispute, within one month of his appointment. This deadline may be extended with their agreement.
However, when the mediator notes that the conflict concerns the interpretation or ignorance of legal provisions or conventional stipulations, he recommends that the parties submit the conflict either to the competent jurisdiction or to the contractual arbitration procedure provided for in the Code. work.
From receipt of the conflict resolution proposal submitted by the mediator to the parties, the parties may, within a period of eight days, notify the mediator that they reject his proposal. They motivate their rejection. The mediator immediately informs the other party(ies) to the conflict of these rejections and their motivations.
At the end of this eight-day period, the mediator notes the agreement or disagreement.
The agreement of the parties on the mediator’s recommendation binds those who have not rejected it.
In the event of failure of the mediation attempt and after the expiration of a period of 48 hours from the discovery of the disagreement, the mediator communicates to the Minister responsible for labor the text of the reasoned and signed recommendation, accompanied by a report on the dispute, as well as the reasoned rejections addressed by the parties to the mediator.
The conclusions of the mediator’s recommendation and the parties’ rejections as well as their motivations are published by the prefect, within three months, in the collection of administrative acts of the department(s) concerned.
The mediator’s report may be made public by decision of the minister responsible for labor.
Mediators in Auvergne-Rhône-Alpes
- Ms. Françoise ALBRIEUX, FFCM-CNMA approved CIMA Mediator – Registered on the list of Judicial Mediators at the Court of Appeal of Lyon; (Intervention possible in the departments of Ain, Rhône, Isère; Savoie and of Haute-Savoie)
- Mr Denis AZOULAY, industrial tribunal advisor and president of the U2P du Rhône, (possible intervention in the Rhône department)
- Mr. Gérard BARRY, Member of the CPRIA AURA, Industrial Tribunal Advisor; (intervention possible in the Allier department)
- Mr. Michel BENOIT, Former Labor Inspector within the DDETS of Savoie (Intervention possible in the departments of Isère, Savoie and Haute-Savoie)
- Mr. Jean-Daniel CHRISTOFORETTI – Former Head of the Rhône Territorial Unit, retired Labor Director (possible intervention in the Loire department, Haute-Loire of Rhône)
- Mr. Patrick COUTHERUT, Vice-President of the Allier industrial tribunal; (possible intervention in the Allier department)
- Mr. Michel DEPOUILLY, Honorary Lawyer, member of the Ardèche mediation center; (intervention possible in the Ardèche and Drôme departments)
Madame Bernadette FOUGEROUSE – Former Deputy Director of the DDETS of Puy-de-Dôme, retired Labor Director. (intervention possible in the Puy-de-Dôme department) - Mrs. Myriam JOUANDON, Former President of the Vichy industrial tribunal ((possible intervention in the Allier department)
- Mrs Anne PAULE, Ex RRH and head of establishment of an industrial company, Employer industrial tribunal advisor, (possible intervention in the departments of Rhône, Ardèche and Drôme)
- Mr. Michel PERRON, Consultant in the facilitation of social dialogue and professional relations; (possible intervention in the Rhône department)
Sir Jean-Marc TONDEUR, Labor Court Advisor, President of the industry-college employer section; (Intervention possible in the departments of Ain, Savoie and Haute-Savoie)
Sir Dominique Vandroz, Former Deputy Departmental Director of the DDETS du Rhône, retired Labor Director; (possible intervention in the Rhône department)
In practice: To use a mediator, we recommend that you contact your DDETS (PP) who will be able to guide you and advise you in the referral process.
2024-04-04 18:56:30
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