#2018-101Decree No. 2018-101 of February 16, 2018 regarding the Experimentation of Mandatory Prior Mediation Procedures in Public Service and Social Disputes
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This law introduces a trial period for mandatory mediation before administrative disputes can proceed in court for public service employees and specific social issues. Civil public agents affected include those in the foreign affairs department, educational institutions, and certain local governments. The mediation is ensured by designated mediators according to the sector involved. The intent is to facilitate resolution and potentially reduce court caseloads.
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Key Changes
- Introduction of mandatory mediation for specific administrative disputes
- Applicable to public service employees in certain sectors
- Designated mediators will handle the mediation process
Obligations
What this law requires
Administrative authorities must inform affected civil public agents of the mandatory mediation requirement and provide them with the contact details of the competent mediator before they can file contentious appeals.
Civil public agents must initiate mandatory mediation within the two-month contentious appeal deadline (as provided in Article R. 421-1 of the administrative justice code) with the competent mediator, or their appeal will be deemed inadmissible.
Mediation requests must include a letter of application from the interested party and either a copy of the explicit decision or a copy of the request that generated the implicit decision.
Territorial collectivities and local public establishments must conclude a convention with their competent territorial public service management center before September 1, 2018, entrusting it with mandatory prior mediation responsibilities.
Administrative court presidents or delegated judges must reject requests filed without prior mandatory mediation and transmit the case to the competent mediator.