Mediation is a discussion process between you and the entrepreneur, like negotiation, but in the presence of a neutral and impartial third party who intervenes to guide the parties' discussion towards a possible agreement: the mediator.
If you wish to attempt mediation, the entrepreneur and you will jointly choose a mediator from a list of mediators drawn up by the Ministry of Labor.
If in the negotiation the presence of a third party is optional, then it is mandatory for the mediation process provided for in the Regulation.
When to choose mediation?
Once the Inspector-Conciliator of the administrator of the Guarantee Plan has rendered a decision and you are dissatisfied with it, you have 30 days from the receipt of this decision to decide whether you wish to contest it, either before a mediator or an arbitrator.
To request mediation, you must agree with the contractor. Once agreed that your dispute will be submitted to mediation, the entrepreneur and you must submit a request to the Ministry of Labor, Employment and Social Solidarity. You will choose a mediator from a list established by the ministry to begin the process. This list contains the names of mediators accredited by region, as well as a description of the skills and the hourly rate of each mediator.
Why choose mediation?
Once launched, mediation requires the commitment of each participant. The parties must be present at the mediation sessions and be involved in its conduct to arrive at the best possible result.
The mediator remains impartial, ready to help and find solutions to the dispute. Their role is to inform you and help you understand the entrepreneur’s point of view. The mediator is not a judge, he has no decision-making power. He can simply guide the parties towards an acceptable solution and draft a final agreement, if necessary. Once the mediation agreement has been signed, it binds the parties as well as the administrator if he has also participated in mediation.
How much does mediation cost?
The costs are always shared equally unless there is a specific agreement between the parties, regardless of whether the mediation process ends in agreement or failure.
Costs may vary depending on the time required and the hourly rate of the mediator. You can consult the list of mediators before making your choice. However, these costs will be lower than those incurred for an appeal to an arbitrator.
Good to know!
Before mediation, you can agree with the entrepreneur on the sharing of costs. The administrator assumes one third of the costs when participating in mediation.