Section 2: Mediation procedure

In the case of a dispute with a national impact or a dispute whose impact extends to more than one region, the party seeking mediation must send a written request, stating the reasons, to the Minister responsible for labour. In other cases, the party sends the request to the chairman of the relevant regional conciliation commission. The request shall specify the points on which the dispute relates or persists. Upon…

In the case of a dispute with a national impact or whose impact extends to more than one region, where the parties are unable to agree on the choice of a mediator within three days of the submission of the request or where the mediation procedure is initiated by the Minister responsible for labour, the latter, after having taken cognisance of the proposals made by the parties, appoints the mediator…

In the case of a dispute with a regional, departmental or local impact, when the parties have been unable to agree on the choice of a mediator within three days of the request being filed, or when the procedure is initiated either by the chairman of the regional conciliation commission, or in the case of 2° of article R. 2523-4 by the Prefect, the latter, acting on a proposal from…

When the mediation procedure is initiated by the minister responsible for labour or by the chairman of the regional conciliation commission at the request of one of the parties or on his own initiative, the file compiled on the dispute is communicated to the mediator at the same time as the notification of his appointment. The dispute shall be referred to the mediator by means of a written communication specifying…

The mediator has the broadest powers to obtain information about the economic situation of the companies and the situation of the employees affected by the dispute. He may make any enquiries of companies and trade unions and request the parties to forward any economic, accounting, financial, statistical or administrative document or information that may be useful to him in carrying out his task. The mediator may call upon experts and…

The mediator may hold any hearings he deems useful. He shall summon the parties by registered letter with acknowledgement of receipt or by notification delivered against receipt. In the event of serious impediment, the parties may be represented by a person authorised to conclude an agreement. Legal entities that are parties to the dispute are required to be represented before the mediator under the conditions set out in articles L….

The mediator may, in agreement with the parties, suspend the drafting of his recommendation and make it conditional upon the resumption of discussions between them in a form and within a timeframe that he specifies.

Rejection of the mediator’s proposal for settlement of the dispute as provided for in article L. 2523-6 shall be sent by registered letter with acknowledgement of receipt. The mediator shall immediately inform the other parties to the dispute of this rejection by registered letter.

In the case of a dispute with a national impact or a dispute whose impact extends to more than one region, or in the case provided for in Article R. 2523-5, the documents mentioned in the second paragraph of Article L. 2523-7 are published in the Journal officiel de la République française by the Minister responsible for labour. In the case of a dispute with regional, departmental or local implications,…

The mediator’s report provided for in Article L. 2523-7 may be made public by decision of the Minister for Employment.