NEIRE 3. FRANCE: the MEDIATION OF COLLECTIVE CONFLICTS in work. Aurélien Colson, Alan Jenkins & Christian Thuderoz, (ESSEC – Irene, FRANCE).

negotiation and the use of mediation Mediation in French processes of conflict management should be seen in the light of 4 features of collective negotiation 1. French negotiation patterns are…   -quantitatively rich, but qualitatively poor … and slowly decentralizing to the firm 2. Dominance of the state and law … inertial? -the state as defender, regulator, motivator and guarantor of “social equilibrium”  -its main weapon is labour law, which has become very dense & complex -an effect of saturation: so many legal obligations generate formalism and ritual 3. Employers, management and unions: patterns of interaction -in CAC 40 firms collective negotiation is an HR question and often “not strategic” -in SMEs negotiation processes are too unwieldy and long, and agreements are unstable in law -managers and unions see each other as low in crucial skills. Trust is also weak. 4. Lack of a “national culture of negotiation”? -national training and education on social dialogue is weak -norms and rituals of confrontation are strong: strikes & demonstrations as a reflex

negotiation and the use of mediation 2. There are 3 dimensions to the role of third parties in the resolution of labour disputes in France: 1. French labour law provides for the possibility of voluntary conciliation and mediation: often involving local or regional labour administrations (“conciliation”) 2. Judges and judicial mediation (tribunals, courts) 3. Growing private market for mediator intervention (often a part of “organizational consultancy”)

inertia and ‘impotence’ … THE mEdiation of collective conflicts in France … 4 elements which are mutually reinforcing … ambivalence … ( … of crucial groups) inertia and ‘impotence’ … ( … facing institutions, Laws, norms of negotiation and ideologies) Marginality … Despite the rise in popularity of mediation (and its availability on the market), despite work inspector conciliation), there is no “mediation system” Shared pessimism (or Realism ?) nationally … ( … inevitability of blocked negotiations, painful or impossible reforms & large scale social movements ?? )

THE mEdiation of collective conflicts in France … 4 elements which are mutually reinforcing National climate of “pessimism / realism” … Ambivalence Mediation “marginality” Inertia & ‘impotence’

trends and challenges … trends & challenges: trends and challenges … CAN Mediation take up a bigger place and itself change industrial relations and negotiation practices in an innovative manner ? -Economics … where is mediation supply and demand going? -Politics … IR system reform has become a huge political issue over the past few years (now taken up by new Pres. Macron and his successful movement “En marche !”). -Can that boost or enhance the place of mediation in the IR system? -NEEDED: More Simplification … and MORE pragmatism (less ideology) … Rethinking the roles of labour inspectors … Implementing better incentives to use mediation … Building More open & trust-based dialogue between leaders …