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► Full Reference: Journal of Regulation & Compliance (JoRC) and Conseil national des Barreaux (CNB), Compliance, vigilance et médiation (Compliance, Vigilance and Mediation), November 30, 2023, Amphithéâtre du Conseil national des barreaux.

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► The symposium is organised by the Journal of Regulation & Compliance (JoRC) and the Conseil national des barreaux (CNB). 

This symposium is held in French.

The symposium is placed under the scientific direction of 🕴️Matthieu Boissavy, 🕴️Hirbod Dehghani-Azar and 🕴️Marie-Anne Frison-Roche.

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► Presentation of the theme: To increase respect for human rights and the environment in the context of corporate social responsibility and compliance, public authorities and companies have for several years been implementing instruments and processes for dialogue between companies on the one hand and stakeholders inside and outside the company on the other. Among these, mediation is regularly highlighted as a necessary and fruitful process for reaching agreements that benefit employees and civil society players, as well as the environment and society as a whole.

John Ruggie, Special Representative of the Secretary-General on human rights and transnational corporations and other business enterprises, in his report of 21 March 2011, Guiding Principles on Business and Human Rights, recommends mediation as an effective and appropriate non-judicial grievance mechanism. The ISO 26000 standard on social responsibility also explicitly refers to the use of mediation in the section Actions and related expectations (6.3.2.6) and say that an organisation should establish or ensure the availability of redress mechanisms for its own use and for that of its stakeholders. For these mechanisms to be effective, they should be [...] based on dialogue and mediation: the process should aim to remedy breaches through mutually agreed solutions reached through dialogue between the parties. Where a judgment is desirable, the parties should retain the right to reach it through separate, independent mechanisms.

Similarly, the French law No. 2017-399 of 21 March 2017 relative au devoir de vigilance des sociétés mères et des entreprises donneuses d’ordre (on the duty of vigilance of parent companies and ordering companies) has given rise to disputes relating to the design and application of vigilance plans by certain companies subject to this law. Mediation has been proposed by the courts, sometimes accepted, and we know that some have been successful.

At the same time, the draft European Directive on Corporate Sustainability Due Diligence (CS3D) is likely to impose or extend obligations relating to the duty of vigilance on a large number of companies in the European Union, for the respect of human rights and the environment by companies in global value chains.

The result of all this is that respect for human rights within organisations and companies depends on recourse to the courts, on cooperation processes such as mediation, both project mediation and mediation specific to the resolution of disputes, while recourse to the courts will not suffice to rapidly make respect for these obligations effective.

The legislator and the parties concerned are aware of this, and they refer to the use of mediation as necessary to help both civil society actors committed to respect for human rights and the environment and companies to reach agreements on compliance with these obligations.

Lawyers, mediators and people assisting stakeholders and companies have an important role to play in the success of these mediations.

In collaboration with the Journal of Regulation and Compliance (JoRC), the Conseil national des barreaux (CNB) is organising a half-day conference on "Compliance, vigilance et médiation" ("Compliance, Vigilance and Mediation") to train lawyers to this activity, which will develop either as an extension of another activity or as its own activity, and which has major implications for individual rights, society and the environment.

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► Construction of the symposium:  After a general introduction to the triptych of Compliance, Vigilance and Mediation and the links that it implies, the first part of the event will focus on the contribution of Mediation to the effectiveness of Compliance and, more particularly, to its most advanced aspect, the duty of vigilance. After a debate on this topic, the second part of the event will focus on the conduct of project mediation or dispute resolution in such a context. A conclusion will enable us to draw immediate lessons from the information and exchanges that have taken place.

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Speakers:  

🎤Matthieu Boissavy, attorney at the Paris Bar, vice-president of the Commission Liberté et droits de l'homme of the CNB

🎤Matthieu Brochier, attorney at the Paris Bar

🎤Stéphanie Brunengo, attorney at the Aix-en-Provence Bat, mediator

🎤Malik Chapuis, judge in the 3rd chamber of the Tribunal judiciaire de Paris (Paris First Instance Civil Court)

🎤Bruno Deffains, professor at Paris Panthéon-Assas University

🎤Hirbod Dehghani-Azar, attorney at the Paris Bar, president of the Commission Modes alternatifs de règlements des Règlements (MARD) of the CNB

🎤Marie-Anne Frison-Roche, professor of Regulatory Law and Compliance Law, director of the Journal of Regulation & Compliance (JoRC)

🎤Jérôme Gavaudan, president of the CNB

🎤Thibault Goujon-Bethan, professor at Jean Moulin Lyon 3 University

🎤Céline Haye Kioussis, legal director if the BPCE Group

🎤Stéphane de Navacelle, attorney at the Paris Bar

🎤Lori Roussey, Data Protection Officer, founder and Director of Data Rights

🎤Stephanie Smatt Pinelli, litigation legal director, Orano Group

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🔻 Read a detailed presentation of the event below:

Complete reference : GABAIX Xavier, LANDIER Augustin, THESMAR David, La protection du consommateur : rationalité limitée et régulation. Observations by MONGIN Philippe and TIROLE Jean. 2012, 92 pages. Edited by the "Conseil d'analyse économique" Publisher :

Germany is characterized in that in Europe generally has refused liberalization of the gambling industry. For this, it will incur remonstrance’s from the European Commission. But this issue is the responsibility of the Länder. That is why, when the Land of Schleswig-Holsteing decided in April 2011 to open the sector to competition online games, Everyone saw a sign of liberalism and compliance with European lines. But the government of this land has changed in May 2012 to make way for a coalition, it seems more favorable to a closure of that activity or, at lesse, should be left to public monopolies. However, on September 2, 5 licenses are to be given by that Government to the major operators of online games, which shows that the line previously adopted market-opening games online is maintained, unlike the rest of the Germany.

Libor is the rate set by the bank statements, anticipating purchases liquidity between them. The Libor rate is the result of self-regulation. On this rate, the financial system leans to fix rates many different financial transactions. However, now many banks are sued by authorities, for manipulation. The banks made false statement or organize a cartel, producing a rate in their favor. From the condemnation of the Barclays 26 June 2012 by the Financial Services Authority (FSA), the commencement of proceedings, the constitution of the Commission to think reform Libor estimated pernicious, banks choose their strategy. Most prefer to cooperate fully in themselves investigation leading home and helping the authorities. This was the case of the Royal Bank of Scotland (RBS). Today it is the case of Société Générale (SocGen).

The "Confédération Suisse" (Swiss Confederation) has decided to establish a new regulatory system to make more effective liberalization of the postal sector, playing both on competition, the strengthening of the powers of the regulator and the privatization of the incumbent operator. The system entering in place on the 1st of October 2012, the "Conseil Fédéral" (SwissFederal Council) appointed the new board members of the "Poste Suisse (Swiss Post)" as well as those who will lead the new regulator: the Commission de la Poste - PostCom". We observe that these are the former managers of the "Post Suisse".

Libor is the rate of Exchange on the interbank market, important in that and also in what it's on the Libor rate that thousands of external financial transactions in interbank relations are based. In this manipulations on the Libor operated by banks are properly catastrophic. What can therefore be a disaster was opened with the sanction of Barclays on 27 June 2012 by the British Financial Services Authority (FSA) for manipulation. Investigations are underway, on multiple grounds, by many authorities on multiple grounds. The statement made on August 3, 2012 by the Royal Bank of Scotland is interesting in that, in the same time that it dismiss them, it said that manipulations that could discover in it are attributable to individuals and only to them. The system was thus not fraudulent. Therefore the declaratory system could be saved.

The optic fiber is a very difficult issue for regulators: they want its deployment, for the good of consumers, but they are not willing to pay much more for this and the operators are not prepared to invest without profitability. Incentives are insufficient and uncertainties, major flaw of the regulation, are very large. This is why the European Commissioner in charge of digital, Mrs. Neelie Kroes, announced that on the one hand that the system would now stable for regulation of the optic fiber and that on the other hand there is no more tendency of the regulator to lower the price of access to cost method which discourage operators to invest.