Group 49

Inter-company mediation

In order to be structured and to develop, a company maintains relations with numerous counterparts, whether external, customers, partners, suppliers, service providers, or internal with associates or shareholders.
These relationships are often a source of conflict, and their resolution is vital for the proper functioning and viability of the company.

“Inter-company mediation helps you, in 70% of cases, to find a solution allowing you to put an end to this situation.”

Classic responses:

The first stage of discussion and negotiation is the most common method of resolution.
If no agreement is reached, 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 party or the other.
This solution, while it has the merit of resolving the dispute, is not adapted to the economic world. Legal procedures take a long time, whereas companies need to be able to interact quickly in order to maintain operations.

The added value of inter-company mediation:

By calling on a mediator, the parties gain a new way of resolving their dispute.

If negotiation fails, they do not have to go directly to the judge (court or arbitration tribunal). The mediator will assist them in resolving their dispute and they will be in control of the solution that is found, in a structured and secure framework.
If mediation does not enable them to find a win-win solution for both parties, 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 come to mediation and to stop it at any time
  • Absolute confidentiality (what is said in mediation is confidential and cannot be used outside the mediation)
  • Respectful listening to the positions of each party by the mediator but also by the parties themselves
  • Control of the process by the mediator but no power of decision over the outcome of the conflict

What is the purpose of mediation?

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

Who is mediation for? It is aimed at all players in the company likely to be concerned by a dispute:

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

When should you resort to mediation? Before a dispute arises, as soon as a difficulty arises in a relationship

  • At the time of a breach of contract
  • In the pre-litigation phase
  • After the implementation of a legal procedure, during the procedure, after the first instance judgment or before the Court of Appeal

Examples of conflictsituations:

  • Delay and non-payment
  • Delays in delivery
  • Defects, lack of conformity
  • Conflicts between partners
  • Unfair competition
  • Infringement of industrial or intellectual property rights
  • Enforcement of warranty clauses
  • Conflicts with an investor