Principles and processes used by ENGIE Group’s Mediation to achieve mediation between companies

Principles and processes used by ENGIE Group’s Mediation to achieve mediation between companies

The conduct of mediation between companies follows a well-defined process:

 

With regard to a disagreement between a company and ENGIE, the company must refer it to the Mediator. If an ENGIE entity requests mediation with a company, the latter should first agree to it.

 

The parties then inform the Mediator of their dispute and their expectations so that the Mediator can decide whether or not the complaint is admissible (for instance, no mediation if the dispute has gone to court).

 

If mediation is accepted, the Mediator makes the following arrangements for face-to-face mediation:

1. Prior phase: An initial series of individual meetings between the Mediator and each party, the parties having appointed a representative with decision-making powers concerning resolution of the dispute.

During this meeting, the Mediator explains the conduct of the mediation. In particular, he presents:

  1. The method that will be used,

  2. the mediation values,

  3. and has them sign a confidentiality agreement.

2. The mediation phase: The Mediator organises a first mediation meeting between the representatives of the parties and the mediator.

  1. The target solution: Mediation aims to attempt to find a solution to the disagreement, one that must be defined by the parties,

  2. A method and principles: After reiterating the rules and methods, the Mediator lets each party speak and set out their version of the facts and their impressions. Each party writes their version on a flip board.

  3. Listening to and understanding the other party: The Mediator then questions each party about their understanding of the other party’s view or interpretation of the facts. He urges them to consider the situation through the other party’s eyes. He continues by asking each party to state their expectations.

3. Conditions to succeed:

  1. Take the time needed: It may be necessary to hold several meetings in order to reach an agreement,

  2. Accompaniment: Each party can also be accompanied by one or more experts (lawyer, legal expert, etc.), it being understood that it is the designated person with responsibility who will speak. The experts may request the Mediator for leave to speak.

  3. The parties undertake orally to endeavour to seek an agreement. If such an agreement is reached, the parties will ratify it by a deal formally documenting the joint solution,

  4. Reflection or redefinition: Each party may request a suspension of the session during the mediation process. A caucus is possible (this being a private meeting that interrupts the process of mediation to involve only one of the parties – which can be attended by several people who must consult each other). The part initiating the caucus may ask the Mediator to attend the discussion. The Mediator can initiate a caucus with either party in order to clarify a position, redefine rules, allow for an examination of the request following a review whose development cannot concern the other party before the adoption of a more amicable or clearer position,

  5. Freedom in the process: The parties are free to stop mediation at any time. The Mediator can too, if the rules of good conduct or the values are not respected.

4. No fee: Mediation is free of charge. The ENGIE Group’s Mediator does not rebill his services.

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