The Ombudsman for companies proposes a free mediation facility to help companies resolve their disputes. This may involve a dispute concerning, for example, the terms of payment or termination of a contract.

Mediation allows a solution to be found while preserving the commercial relationship. All exchanges take place in the strictest confidentiality, which helps to preserve the confidentiality of business and the reputation of the companies.

The Ombudsman for companies reports to the Minister of Economy and Finance. It is composed of network ombudsmen with real expertise in one or more sectors:

• 40 regional mediators : they are close to the companies of their region and are familiar with the issues they face.

• 46 delegated national ombudsmen : they have held high-level responsibilities in various economic sectors (retail, consultancy, luxury, aeronautics, naval, IT, etc.). They intervene in complex mediation cases and support regional teams on sensitive cases requiring a national interlocutor.

The companies Ombudsman may be contacted when the parties are in business relations, i.e. within the framework of a regular professional or commercial relationship and of a certain duration (for example, several successive acquisitions to the same supplier).

It generally deals with disputes over and above €1500.

The main grounds for referral to the Ombudsman for companies are:

• Disputes in the performance of a contract (payment terms, sudden breach of contract, etc.)
• Disputes between a TYPE or a SMB and a large company
• Difficulties in the context of public order
• Non-compliance with a verbal agreement
• Non-compliance with payment conditions (late payment, unjustified deductions, penalties abusive)
• Theft or misappropriation of intellectual property
• Non-payment of research tax credit (RTC) or the innovation tax credit (ITC)

The Ombudsman for companies may be consulted in the course of legal proceedings. In that case, it shall assess the admissibility of the file in the light of the progress of the procedure. The company may request the judge to postpone the hearing to allow the judge to initiate or pursue mediation.

Where mediation takes place between a company and a public person, the time-limits for bringing proceedings (appeals) shall be interrupted from the day on which the parties agree to use mediation or, in the absence of written notice, from the day of the first mediation meeting. This means that a new The same time limit will start to run after the mediation.

For mediations between companies, the time limits for appeals are suspended: the time limits are therefore temporarily stopped, they will resume at the end of the mediation without erasing the time limit already run after the mediation.

Referral to the Ombudsman for companies shall be made only online:

Refer to the companies Ombudsman

The company is then contacted by a mediator within 7 days of sending the request. The latter confirms its competence and a plan of action is defined to convince the other party to accept the mediation.

The mediation process is voluntary and is carried out for free. Each party freely agrees to participate actively and in good faith.

Mediation is carried out in the following stages:

• A mediator shall contact the referee within 7 days in order to define with him a plan of action
• The mediator shall approach the party seised to bring it to accept the mediation
• The mediator shall convene the parties and conduct the mediation process
• After agreement has been reached, common solutions are developed by the parties: there can be the signing of a memorandum of understanding drafted and signed by the parties.

Mediation ends in one of the following ways:

• At the initiative of the mediator: if mediation appears to him to be impossible, he shall notify each of the parties of the end of the mediation.
• At the initiative of a party: each party may terminate the mediation process at any time. It shall notify the mediator, who shall inform the other Party.
• By the signing of an agreement between the parties. They may apply to the competent court for an orderapproval of their agreement to give it enforceability.

In all cases, the mediator sends a letter to the parties informing them of the closure of the case.