Inter-company mediation

Inter-company
mediation

In order to structure and develop their business, companies need to maintain relationships with a wide range of people, whether external – customers, partners, suppliers, service providers – or internal – partners or shareholders.

These relationships are often a source of conflict, and resolving them is vital to the smooth running and viability of the company.

The classic answers:

The first stage of discussion and negotiation is the best-known method of resolution.
In the absence of agreement, the parties turn to the judicial or arbitration route and expect the judge (or arbitrator), who has authority, to settle the dispute in favour of one or the other.
This solution, while it has the merit of offering a solution to the dispute, is not suited to the economic world. Court time is long, whereas companies need to be able to interact quickly to preserve their business.

The added value of inter-company mediation :

By calling in a mediator, the parties offer themselves a new way of resolving their dispute.

If negotiations fail, they are not obliged to go directly to court (a judge or an arbitration tribunal). The mediator will assist them in resolving their dispute, and it is they who will control the solution that is found, within a structured and secure framework.

If mediation does not enable them to find a win-win solution, they always have the option of going to court.

Mediation is a complementary resolution tool available to companies.

Inter-company mediation is characterised by :

  • A consensual approach and implementation: the parties are free to enter mediation and to stop it at any time
  • Absolute confidentiality (what is said in mediation is confidential and cannot be used outside mediation)
  • Respectful listening to the positions of each party by the mediator, but also by the parties themselves
  • The mediator controls the process but has no decision-making power over the outcome of the conflict

What is the purpose of mediation?

  • Preventing and managing conflicts arising from
    contractual relations
  • Maintain or restore dialogue: with customers,
    partners, suppliers, service providers or within the
    with partners or shareholders
  • Protecting the company in the context of growth or
    or sale (execution of liability guarantees, LBOs
    LBOs, mergers, etc.)
  • Responding to differences of opinion with
    investors and financial backers
  • Enhance the company’s development objectives
    through an innovative approach to conflict resolution

Who is mediation for?

It is aimed at all those involved in the company who are likely to be affected by a dispute:

  • General management
  • Legal department
  • Purchasing department
  • Administrative and financial management, etc.

When to use mediation?

  • In the early stages of a dispute, as soon as a difficulty
    difficulty arises
  • In the event of a breach of contract
  • In the pre-litigation phase
  • After the start of legal proceedings, during the proceedings, after the first instance at first instance or before the Court of Appeal

Examples of conflict
situations:

  • Late payment and non-payment
  • Delivery delays
  • Defects and lack of conformity
  • Disputes between partners
  • Unfair competition
  • Infringement of industrial or intellectual property rights
  • Enforcement of warranty clauses
  • Disputes with an investor

10, avenue Anita Conti
35400 SAINT-MALO

Tél : xx xx xx xx xx
Email : contact@centre-mediation-mer.fr

Email : contact@centre-mediation-mer.fr

Mentions Légales
/ Plan du site