In this period of major health crisis, players are experiencing major economic difficulties, and disputes are multiplying: non-payment of an invoice, late delivery, non-performance of a contract... Entrepreneurs, small businesses and SMEs can refer a dispute to the MDE (Médiateur des Entreprises) free of charge, to resolve a problem linked to a private law contract or a public order. Find out here how to use mediation to manage conflicts.
What is the role of the Corporate Ombudsman?
Business mediation was set up after the 2008 crisis, with the aim ofproviding support to business leaders mired in disputes with principals who pay too late, suppliers who don't meet their deadlines, or other disputes relating to intellectual property.
Reporting to Bercy, the MDE helps the parties involved in the conflict to re-establish dialogue and find a satisfactory compromise.
Referral is simple, free and confidential.
Who can contact the MDE and in what cases?
The main beneficiaries of this scheme are SMEs and VSEs who do not have the resources to embark on legal proceedings. However, the scheme is open to all companies, regardless of size, public bodies or associations.
The Corporate Ombudsman can be called upon to resolve any problem relating to the performance of a private contract or a public order.
In the context of the current health crisis, this may involve a refusal to recognize or the abusive use of force majeure, difficulties in obtaining a deferment of commercial rent, or the non-payment of an order.
How do I contact the Corporate Ombudsman?
Companies can make use of this service by filling in the mediator's online referral form.
It consists of 6 sections to be completed:
- The framework of the referral
- Company information
- The subject of the dispute or report
- Information on the other party involved in the conflict
- All documents deemed useful for the file
- Recognition of confidentiality
Mediation is a fast-track process, generally taking less than 3 months to complete. In most cases, it leads to an agreement, which is then respected.
MDE: what are the benefits for companies?
Entrepreneurs, small businesses and SMEs who turn to the MDE can benefit from a number of advantages. In addition to the rapidity of the procedure, this means of appeasement helps to restore quality, long-term communication between the parties. Indeed, the mediator encourages the resumption of dialogue thanks to a mutual understanding of the problems at the root of the conflict.
Another advantage is confidentiality. Whereas a trial is in principle public, company mediators are bound by professional secrecy, and no information exchanged within this framework can be revealed without the mutual agreement of the parties.
Finally, mediation is free of charge, which is not the case for legal proceedings.