The mediation process must be unbureaucratic, fair, quick and impartial.
The objective of the mediation procedure is to assist parties in conflict or dispute in finding solutions or a mutual agreement. Neither FINSOM (the Ombudsman Office or Mediation Body), nor the mediator or expert designated by FINSOM has the power to judge, decide or impose a solution.
The procedure is confidential. By law, statements made by the parties during the mediation procedure as well as correspondence between one of the parties and the Ombudsman Office may not be used in any other procedure. The parties also have no right to inspect the correspondence between the Ombudsman Office and the other party.
By law and FINSOM regulations, affiliated companies must participate in a mediation procedure requested by a client or employee and that is admitted by FINSOM. However, this obligation is naturally limited by the willingness of all parties in mediation to reach an agreement.
Initiation and admission
Upon receipt of a mediation request, FINSOM (the Ombudsman Office) will perform an initial assessment to determine admissibility under the access conditions for Commercial Mediation and Workplace Mediation as well as the likelihood of successfully resolving the dispute or conflict through mediation.
If the request is admissible and likely to succeed, the Ombudsman Office will admit the mediation request and contact the affiliated company concerned to organise the mediation procedure and designate an appropriate mediator to conduct the procedure in accordance with FINSOM’s rules of procedure. If necessary, an expert will also be appointed to assist the mediator in performing an independent legal and material evaluation for the purpose of assisting parties in assessing their respective risks and opportunities.
If the request is inadmissible or unlikely to succeed, if possible, the Ombudsman Office will attempt to orient the requestor toward a more appropriate approach or procedure.
Successful mediation depends on the participation and willingness of the parties to find solutions rather than seeking fault or judgment. The aim is to find a common solution or compromise, not to make concessions.