Mandatory pre-mediation: an enlargement in the civil service and in Pôle emploi

Administrative mediation is an amicable means of resolving disputes with the administration. The mediator shall be a neutral and independent person chosen by the disputing parties to assist them in reaching a negotiated settlement.

Mandatory pre-mediation in the public service

What disputes are involved?

Compulsory prior mediation now concerns unfavorable individual decisions following:

• Decisions on remuneration;
• Decisions refusing secondment or lay-off and, in the case of contract staff, refusing unpaid leave;
• Decisions on reintegration after secondment, placement on leave, parental leave or re-employment of a contract staff member after leave;
• Decisions on promotion to grade or internal promotion;
• Decisions on lifelong vocational training;
• Decisions on measures taken by public employers with regard to disabled workers;
• Decisions on the adjustment of the working conditions of officials no longer being able to perform their duties.

Who can initiate compulsory prior mediation?

This compulsory prior mediation shall concern:

1. State civil servants employed in the following services:
   
   • academic and departmental services;
   • nursery and elementary schools;
   • local public educational establishments of certain academies set by a decree to be published.
   
   For these agents, mediation will be conducted by the territorially competent academic mediator.
2. Local and regional civil servants employed in local and regional authorities and their public establishments who must have concluded an agreement with their local civil service management center to mediate.
   For these agents, the legal representative of the management center shall designate the person or persons who will provide the compulsory prior mediation.

These new provisions shall apply to decisions taken from 1^er April 2022 which could be the subject of a legal challenge. If the decision is taken by a local authority or public institution, the provisions will apply from 1^er day following the conclusion of the mediation agreement.

Compulsory prior mediation and Pôle emploi

Compulsory prior mediation also concerns the following individual decisions taken by Pôle emploi falling within the scope of the administrative judge's jurisdiction:

• Decisions taken pursuant to the deliberations of the Management Board;
• Decisions on the cessation of registration on the lists of jobseekers or on the change of category;
• Decisions to de-list jobseekers;
• Decisions to eliminate replacement income;
• Administrative penalty rulings by Pôle emploi;
• Decisions on the reimbursement of allowances, aid and any other benefits unduly paid;
• Decisions taken on behalf of the Government on allowances for young people who undertake a contractual path of support towards work and self-reliance, the specific solidarity allowance, the solidarity allowance for people who are on the scene and help with the creation or resumption of company.

Compulsory prior mediation is carried out here by the regionally competent Pôle emploi regional ombudsman.

These provisions shall apply to decisions taken from 1^er July 2022 that could be the subject of a legal challenge.