L'arbitrage est un mode juridictionnel privé de résolution des conflits.
La médiation est un processus amiable de résolution des différends. Elle suppose l'intervention d'un tiers, indépendant, impartial, formé à la médiation.
Arbitration is a private judicial resolution of conflicts.
Mediation is a process of amicable resolution of disputes. It requires the intervention of a third, independent, impartial, trained in mediation,
The trials cost time, energy and money. It said that inflation in the cost of trials resulting from the legislative and regulatory.
The intensity of conflict as well as its causes, can vary. This can range from a climate of confusion and frustration within the community to violent clashes that lead to chaos and, consequently, a horrible waste of human resources.
A creative approach
1. Can be done within the company
when the conflict is limited to interpersonal difficulties
when someone neutral, impartial - can be accredited by both parties
2. Must be done outside the company when it is not the case.
Speed (a few months vs a few years before the tribunal).
Continuity reports of the parties, because the solutions break the legal relationship
Leave the door open for intermediate solutions to the termination of employment contract with trial litigation.
cheaper compared to trial much more expensive, especially when there are multiple levels of appeal.
when litigation is characterized by an international (expatriate different labor rights, contract or local custom ...) allows to circumvent the difficulties associated with the traditional questions of territorial jurisdiction.
Two figures (for France):
Currently only 8% of cases handled by the mediation center concerning the law. It is more a lack of information that a real rational choice on the part of HR professionals.
70% of mediations result in an agreement /
Point of attention:
Under these alternatives, it is important that lawyers specializing in labor law to be trained in the amicable resolution.