Intra-company mediation

The company, whatever its size, its organization and the number of its employees, is a place where converging but also diverging interests create the breeding ground for conflicts.

The classic answers:

There are many systems for conflict prevention and management implemented within the company with the help of different actors: the social worker, the occupational physician, the labour inspector, the elected personnel, the members of CHSCT, the CE …

The specific procedures put in place to defend the interests of employees (consultations, right to alert, investigations…), if they are legitimate, will not always facilitate the appeasement of social relations and will sometimes even have the effect of crystallising the conflict.

The added value of intra-company mediation:

Mediation generally promotes social dialogue and communication within companies. It allows us to move beyond the traditional framework of opposing positions between the various actors and towards winning solutions for all participants.

Intra-company mediation is characterized by :

Consensual approach and implementation: parties are free to come in mediation and stop at any time
Absolute confidentiality (the words spoken in mediation are confidential and cannot be used outside of the mediation)
Respectful listening to each other’s positions by the mediator but also by the parties
The mediator has control over the process but no decision-making power on the outcome of the conflict

What is the purpose of mediation?

Preventing and managing interpersonal or collective conflicts
Maintain or restore dialogue: between employees, within a team, between managers and collaborators
Combating psycho-social risks (PSR) and discrimination
Respond to harassment allegations and situations of suffering at work
Resolve pre-litigation or trial litigation…

Who is mediation for?

It is addressed to all those in the business who may be interested in
Be involved in a dispute:

Directorate, HRD
Managers, Executives, Employees
Staff representatives, Staff delegates, CHSCT

When to use mediation?

In the lead up to a dispute, as soon as a relationship difficulty arises
Providing one-off support to a team in a change process
In collective disputes
On the occasion of a termination of employment
In the pre-litigation phase, under the Macron Law which now allows recourse to conventional mediation for any conflict related to a work contract (Art.258, III and IV)
After the implementation of a trial, post trial or appeal

Examples of conflict
situations:

For any type of individual dispute:

employment contract
disciplinary procedure
harassment, discrimination
resignation
conventional rupture
dismissal…

For any type of collective litigation:

strikes
mandatory annual negotiations
drafting of rules of procedure
economic dismissals…