Mediation of company

The mediation of company can consist in the intervention of a Médiateur is in prevention or accompaniment of an internal disagreement (between paid) or in the environment of the company (customers, suppliers, interlocutors administrative and financial, local government agencies…) or in the operation of the company (economic partners, associated…). The disagreement can be except contract (relational environment) or imply contractual relations and being able to be juridiciarized.

One especially does not call mediation of company the internal services of mediation of the companies, though companies use sometimes in-house term, since the law on the Harcèlement. The internal mediator can only test great difficulty of maintaining an independence of mind per report/ratio the hierarchy of the company and with its objectives, which fixes a precise goal at the mediation and, consequently denatures it.

Definitions

The mediators of company intervene in the contexts of collective disagreements or implying only two people, except legal context, in prevention of a procedure or during a legal procedure, in fact with the conciliation boards.

The mediators can be independent and belong to the professional Room or associations or be indicated, like often in the social conflicts, by a Minister. In this case, we speak about ministerial mediators.

For the Employers' federation of the Mediation, all the contexts of mediation must privilege the relation between the people concerned, without referring to the right which is left to the professionals of this design of the resolution of the disagreements, while for the Réseau of the Mediators of Company, the mediator intervenes in the compliance with the legal provisions . For the first, which pose that one should not have a priori on the type of solution which could be adopted, the possibly written agreement will be is it by the parts or a legal council, for the seconds, it agrees to aim at an agreement of the contractual type written.

Methodologies

The context of the company led to use techniques which were popularized in company, controls the such reasoned Négociation and it this method is regarded as essential, in particular by Yvette Bailly, of the RME. The concept of contributive Négociation is developed by Associated Médiateurs and Henri Sendros-Mila indicates that this approach of the negotiation is centered on the people, to them Reconnaissance and their motivation before relating to the interests: it develops the " contribution" of each part to the success of the agreement, beyond the catch of the agreement, i.e. for its perenniality. The " contribution" can consist, in certain agreements, to stop the behaviors of harmful effect… In the agreements relating to durable relations, the contribution can go further and anticipate what can facilitate, to even support the success of the other. In spite of its divergences of practices, the mediators have the idea in common that an agreement could not be forced or obtained by deception.

Authors

Arnaud Stimec
Jean-Louis Lascoux

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