The mediation procedure is initiated:
1° Either after a conciliation procedure has failed, 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;
2° Or directly, in accordance with the provisions of the third paragraph of article L. 2522-1, by the Minister responsible for labour or, if the dispute has regional, departmental or local implications, by the prefect.
The parties may jointly submit requests for mediation specifying that they intend to have direct recourse to mediation and indicating the name of the mediator chosen by mutual agreement. The decision to refer a dispute directly to the mediator is taken by the Minister if the dispute is national in scope or if it affects more than one region. In other cases, the decision is taken by the regional prefect.