Workers with disabilities who face prejudice or belittlement can thus try to establish dialogue before the conflict escalates.
The mediation provided for by Article L1152-6 of the French Labour Code remains a little-known mechanism, even though it can play a useful role in situations of psychological harassment at work. It makes it possible to step in before the conflict has become completely entrenched, by opening up a space for dialogue between the person who considers themselves a victim and the person accused. Its aim is not to judge the facts, but to work on the relationship and prevent the situation from getting worse.
Mediation reserved for psychological harassment
Article L1152-6 of the French Labour Code provides that a mediation procedure may be initiated by any person in the company who considers themselves a victim of psychological harassment, or by the person accused. This mechanism applies only to psychological harassment, not to sexual harassment, which falls under a different legal framework. Another distinctive feature is who can initiate it: the right lies with the parties, not with the employer. The mediator must be chosen by mutual agreement, which presupposes a minimum of trust in their competence, impartiality and ability to understand the issues specific to working relationships.
An intermediate response before an investigation or litigation
When faced with a report of psychological harassment, two reactions often prevail: playing the situation down or quickly launching an internal investigation. These responses may be necessary, but they often come when the conflict is already deeply entrenched. Mediation offers a third way. It makes it possible to address tensions earlier, with a preventive approach, in line with the employer’s obligation to take the measures needed to prevent harassment. It does not replace an investigation where one is essential, but it can prevent certain relationship problems from turning into a lasting crisis.
A space focused on the relationship, not on legal classification
It is not the mediator’s task to say whether or not there has been psychological harassment. That assessment is a matter for the employer, in particular with a view to any disciplinary action, and then possibly for the court. Mediation operates elsewhere: it looks at the state of the relationship between the parties, misunderstandings, feelings, sticking points and the conditions for resuming dialogue. Even when no formal agreement is reached, the process can have useful effects: clarification, acknowledgement, partial easing of tensions or referral to the right contacts. The mediator may make written proposals, but without giving the facts a legal classification.
Mediation under Article L1152-6 of the French Labour Code deserves to be better known among companies, employees, lawyers and human resources departments. It is neither an admission, nor a sanction, nor a systematic alternative to an internal investigation. It provides a confidential framework for dealing earlier with certain situations of distress or tension at work. Between denial and immediate recourse to the courts, it opens up a useful space: that of human, structured and voluntary regulation.