LexInter | June 19, 2002 | 0 Comments

MEDIATION

LABOR CODE (Legislative Part)
Chapter 4: Mediation

Article L524-1

(Law n ° 82-957 of November 13, 1982 art. 28 Official Journal of November 14, 1982)
   The mediation procedure can be initiated by the chairman of the conciliation commission who, in this case, invites the parties to appoint a mediator within a fixed period, in order to promote the amicable settlement of the collective dispute.
This procedure may also be initiated by the Minister responsible for labor at the written and reasoned request of one of the parties or on his own initiative. If the parties do not agree to appoint a mediator, the latter is chosen by the administrative authority from a list of personalities appointed on the basis of their moral authority and their economic and social competence.
   The lists of mediators are drawn up after consultation and examination of the suggestions of the most representative trade union organizations of employers and employees at the national level, sitting on the national collective bargaining commission.

Article L524-2

(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973)
   The mediator has the broadest powers to learn about the economic situation of companies and the situation of workers affected by the dispute. It may carry out all inquiries with companies and unions and require the parties to produce any document or information of an economic, accounting, financial, statistical or administrative nature likely to be useful to it for the accomplishment of its mission. He may have recourse to the offices of experts and, generally, of any qualified person likely to enlighten him.   The parties provide the mediator with a memorandum containing their observations. Each brief is communicated by the party who wrote it to the opposing party.

Article L524-3

(Law n ° 82-597 of November 13, 1982 art. 20 Official Journal of November 14, 1982)
   The mediator summons the parties: the provisions of the first two paragraphs of article L. 523-4 are applicable to these summons.

Article L524-4

(Law n ° 82-597 of November 13, 1982 art. 20 Official Journal of November 14, 1982)
   After having, if necessary, tried to reconcile the parties, the mediator submits to them, in the form of a reasoned recommendation, proposals for the settlement of the points in dispute, within one month of the appointment. , liable to be extended with their agreement.   However, when the mediator finds that the conflict relates to the interpretation or violation of legislative, regulatory or contractual provisions, he must recommend that the parties submit the conflict either to the common law court competent to hear it, or to the procedure. provided for in Articles L. 525-1 and L. 525-2.

From the date of receipt of the dispute settlement proposal submitted by the mediator to the parties, they have the option, within a period of eight days, to notify the mediator, by registered letter with acknowledgment of receipt, that they reject his proposal. These rejections must be justified. The mediator immediately informs, by registered letter, the other organization (s) party to the conflict of these rejections and their reasons.

At the end of the eight-day period provided for above, the mediator notes the agreement or disagreement of the parties. The agreement on the mediator’s recommendation binds the parties who have not rejected it, under the conditions determined by Title III of Book I on collective labor agreements and agreements. It is applicable under the conditions provided for in Article L. 522-3.


Article L524-5

(Law n ° 82-597 of November 13, 1982 art. 20 Official Journal of November 14, 1982)

In the event of failure of the mediation attempt and after the expiration of a period of forty-eight hours from the discovery of the disagreement, the mediator communicates to the Minister in charge of labor the text of the reasoned and signed recommendation, accompanied a report on the dispute, as well as the motivated rejections sent by the parties to the mediator.
   The conclusions of the mediator’s recommendation and the rejections of the parties as well as their reasons are made public, within three months, by the Minister responsible for labor.

The mediator’s report may be made public by decision of the minister responsible for labor.

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