International overview

Actualités de Planet'Médiation !

International overview

Découvrez nos actualités et nos événements avec tous nos programmes

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Découvrez nos conseils et interventions en entreprise !

Notre activité de conseil et intervention en entreprise se décline en trois pôles :

  • La médiation d'entreprise
  • L'audit et la gestion des risques psychosociaux
  • Le conseil et l’accompagnement des acteurs de l'entreprise

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The Mediator’s role

International overview

The Mediator’s role is to manage a dispute. The Mediator is a neutral, independent and impartial professional that works together with the protagonists to find a satisfactory solution to the problem, and reach an agreement.

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Mediation has always existed in Europe and the world, under various forms and in various fields.

It has always been around: Saint Louis under the Oak Tree, in Africa with the Palaver Tree and the wise person, in Europe with the Pacere Corsica. Priests used to have a mediation role among their parishioners. Since the 3rd Republic doctors, school teachers, notaries public, judges and other public figures had sufficient authority to be considered as reliable intermediaries.

Mediation as an alternative dispute resolution process first developped in the USA at the end of the 80’s. It started with collective labor disputes, then reached the business area, and finally corporate management. Mediation then grew in other fields like neighborhood or family conflicts…

One can notice that Mediation grows more easily in Common Law countries than in Civil Law countries. But even in these countries, Mediation is growing important.

 

What is the reason of the Mediation’s emergence in many fields as a method of prevention or resolution of conflicts?

The first clue is the changing of the legal environnement. Both Law and Mediation are methods of social organization. But looking 20 years back, alternative dispute resolution methods were hardly worth considering, unlike today as the legal environnement is going through a deep crisis.

This law crisis can be linked to the one affecting the institutions and the power.

 

The four main causes of emergence of the alternative modes of prevention:

Ingrid JAEGER* has been able to enumerate four main causes for the emergence of the alternative dispute resolution or prevention methods:

  • Authority crisis
  • Increase of the individual and collective rights
  • Welfare state and Law overload
  • Social pluralism

A law deficiency, resulting from these four elements, causes the emergence of alternative dispute resolution or prevention methods. These various observations explain the transformation of the social organization methods. Alternative dispute resolution or prevention ways can be more suitable for certain types of conflicts and needs.

How can we present Mediation?

Mediation is part of these with the preeminence of the will of the parties. Today it takes on an importance that renews it completely, making it one of the fundamental levers of social change.

It represents in democracy another useful and modern way of anticipating, preventing and resolving conflicts. It leads to the realization that the parties are able to find a solution to the conflict between them and build their project.

More particularly in the economic world, where everything is going faster and faster and there is fierce competition, Mediation makes it possible to overcome the limits of conventional judicial or arbitral systems. These often prove to be inefficient, because they are too rigid, too slow, too mediatized, often too expensive, but above all too much directed towards the sanction of past behavior that leads to a “win / lose” outcome.

Such an outcome responds less and less to the expectations of the parties, who have considerably changed their way of operating in recent years, attracted more by a corporate culture directed towards consultation with shared responsibilities than over confrontation.
 

Mediation thus appears today as a competitive asset and an innovative way of anticipating, preventing and resolving conflicts.

 
Mediation is attracting more and more companies because it allows them to manage the prevention and resolution of conflicts that punctuate their managerial or commercial life while maintaining full control of the process to which they submit and its outcome. This quest for an amicable settlement solution contributes to efficient, fast, economical and discreet conflict management.
 
 
Patricia MALBOSC