Intra-company mediation

The risks of labor conflict – psychosocial risks

A company, whatever its size, organization or number of employees, is a place where interests converge, and sometimes diverge, thus creating the ground for conflicts: conflicts between employees within a team, between two departments, between an employee and his manager, labor conflicts regarding collective rules, wages and alike.

These conflicts can create psychosocial risks (work-related sufferance, harassment, discrimination) that can destabilize the employees and the company.

The classic answers

Many prevention and conflict management systems have been implemented within companies with the assistance of different actors: social workers, occupational doctors, labor inspectors, members of the Health and Safety Committee and Working Conditions Committee, members of the employee representatives Committee …

There are legitimate and specific procedures to protect the employees (consultations, whistle blowing, internal surveys and investigation …). However, they will not always help improve employee relations. They may even crystallize the conflict which makes it more difficult to resolve.

The added value of mediation

Mediation promotes and emphasizes dialogue and communication within corporations. This process enables stakeholders to escape the conflict classical framework and helps move towards sustainable solutions that suit all parties.

Intra-company mediation is characterized by:

  • A consensual approach and implementation: the parties are free to accept mediation and stop it at anytime.
  • Absolute confidentiality (everything exchanged during mediation is confidential and cannot be used outside of the mediation process).
  • Respect and careful listening from the mediator towards the parties positions. The parties must also respect each other’s positions.
  • A perfect command of the process by the mediator. However, the mediator does not decide the solution of the conflict.

Mediation can enable the recovery of a relationship, the resolution of an individual or collective conflict, the completion of a project, etc.

A mediation ? what for ?

  • To prevent and manage interpersonal or collective disputes
  • To Maintain or restore dialogue:
    • Between employees,
    • Within a team,
    • Between managers and employees
  • To prevent and fight psychosocial risks and discrimination
  • To provide a response to harassment claims and work-related distress
  • To solve pre-litigation or litigation before the employment tribunals

Who is mediation for?

All company stakeholders, likely to be affected by a dispute, such as:

  • HR executives and managers
  • Business Managers, executives, employees
  • Staff and employee representatives, health and safety committees

When should you use mediation?

  • Upstream of a dispute and as soon as a relational difficulty arises
  • To accompany a team in a change process
  • When collective disputes occur
  • In case of employment contract termination
  • In pre-litigation phase. The Macron Act now enables to use conventional mediation for disputes relating to employment contracts (Art.258, III and IV)
  • During or after court proceedings while a decision is not final

Individual and collective conflicts

Intra-Mediation can be effectively implemented, whether it is an individual (employment contract, disciplinary procedures, harassment, discrimination, dismissal, termination, redundancy …) or a collective dispute (strikes, annual salary negotiations, internal regulations, reduction in force …).

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