A mediation process aims to help two parties to a dispute reach agreement on a shared solution that ends the dispute. To that end, the Ombudsman, a third party to the dispute, analyses the facts that gave rise to the disagreement and proposes a solution. He follows a very precise process.
One can consider that a successful mediation process produces a solution that is the culmination of a rigorous and fair process of exchanges of views, culminating in a fair and lawful outcome accepted by the parties to the dispute.
If the parties do not accept the solution suggest by the Ombudsman, and that the solution is in fair and lawful outcome, can we say that the mediation is not a success?
Can’t we consider that, when the dialog between the parties is restore, the mediation is a success, and that the solution is accessory?
The ENGIE Group’s Ombudsman secured an agreement of the parties in the disputes he handled in 2018 in 90% of the cases.