Mediation basics

The Ombudsman for the ENGIE Group is tasked with resolving persistent disputes between any business or organization and an ENGIE Group entity, in complete independence, impartiality, and neutrality.

It offers the parties a final amicable recourse before potential legal proceedings. Mediation is free of charge for applicants, whether they are private individuals, businesses, associations, local authorities, customers, suppliers, or service providers.

The independence of the Ombudsman for the ENGIE Group stems from her State approved status for consumer cases. As a result, she can extend this independence—free of charge—to requesting businesses.

The Ombudsman for the ENGIE Group is an alternative to legal action, not to the company’s internal complaints process. Therefore, before contacting the Ombudsman, each applicant must first submit a written complaint to the relevant ENGIE Group entity. If they are not satisfied with the response, or if no response is received within two months, they may refer the matter to the Ombudsman.

ENGIE has also chosen to promote mediation for disputes with all its stakeholders. Mediation can generally lead to a swift amicable solution—on average within two to three months, compared with the longer timelines of judicial procedures—often resulting in a win win outcome.

This framework for amicable dispute resolution is available to all professional structures maintaining contractual relationships with ENGIE Group, including customers, suppliers, service providers, institutions, local authorities, government bodies, associations, and any other organizational form engaged contractually with ENGIE Group.

Mediation is an alternative to legal proceedings, offering an amicable, efficient, rapid, and free way to resolve disputes. It provides:

• Flexibility (the mediator may rely on principles of fairness, which judges cannot apply),
• Confidentiality (unlike court proceedings, which are public).

Mediation is a genuine added value offered by ENGIE to improve the handling of disputes: it helps avoid costs (legal expenses, abrupt contract terminations…), preserve the company’s reputation, and maintain balanced commercial relationships between ENGIE and its partners.

Access to this amicable dispute resolution method is provided for in ENGIE’s general purchasing conditions. However, mediation can also be initiated even if not explicitly mentioned in your contracts. This option forms part of ENGIE’s support to its customers and partners.

Furthermore, the Mediation service has signed an agreement with the French Government’s Business Mediator (“Médiateur des entreprises”). This partnership between independent mediators strengthens the efficiency of mediation and allows any business with a contractual relationship with ENGIE to refer a case to a mediator free of charge.

Guarantees offered by the Ombudsman for the ENGIE Group to individuals, businesses, or partners who wish to use it:

• Independence:
  The Ombudsman and her team are funded by a single company (ENGIE), but her independence is certified by a State commission (CECMC), itself independent.
  Her activity and independence are governed by law:
  • fixed term mandate,
  • prohibition on joining ENGIE after her mandate,
  • no hierarchical or functional ties with ENGIE entities,
  • no remuneration linked to mediation outcomes,
  • a team exclusively dedicated to mediation.
    Her independence is verified throughout the mediation process.
• Neutrality and impartiality:
  • The mediator is not involved in the subject matter of the dispute and does not take sides.
• Free of charge:
  • ENGIE Group Mediation does not bill any party for its services.
• Confidentiality:
  • All parties, as well as the Ombudsman, sign a confidentiality agreement.
• Freedom of the parties:
  • They may leave mediation at any time.
  • All proposals must come from the parties themselves—not from the Ombudsman.
  • Each party is free to accept or refuse the proposals exchanged during mediation.
  • Mediation is not arbitration: the Ombudsman does not impose a decision. The outcome is solely the one agreed upon by the parties.

If both parties agree to enter into mediation, the Ombudsman follows the steps below:

• Planning of an initial meeting: the parties must each appoint a representative with decision making authority for resolving the dispute.
• Introduction to the mediation process: the mediator begins by recalling the principles governing mediation and presenting the method to be used.
• Signing of confidentiality agreements: the parties sign a confidentiality agreement, which is given to the mediator. The mediator also signs a confidentiality statement and provides it to the parties.
• Commitment to the Ombudsman for ENGIE Group values: the parties acknowledge and agree to the values essential for a proper mediation process.
• Possibility of being assisted: each party may be accompanied by one or more experts (lawyer, legal adviser, etc.), with the understanding that only the appointed representative (“job leader”) will speak. Support persons may ask the mediator for permission to speak.
• Obligation of means: the parties commit to making a genuine attempt to reach an agreement; they are not obliged to succeed, only to try.
• A free service: The Ombudsman for the ENGIE Group does not charge for its services.
• Right to call a caucus: at any point, either party may request a suspension of the session. This private meeting, known as a caucus, temporarily interrupts the mediation and involves only one party—possibly accompanied by several people who need to confer. The party initiating the caucus may ask the mediator to attend. The mediator may also initiate a caucus with one or both parties to clarify positions, redefine rules, or allow reflection before resuming discussion in a calmer or clearer frame of mind.
• Freedom to withdraw: either party may end the mediation at any time, and the mediator may do the same if the rules of conduct or values are not respected.
• Objective of mediation: the purpose is to help the parties identify a mutually agreed upon solution to the dispute.
• Hearing each party: after reminding everyone of the rules and method, the mediator invites each party to present its version of the facts, including perceptions and emotions. Each party writes its account on a flipchart.
• Understanding the other’s perspective: the mediator then questions each party on how they understand the other party’s perspective, encouraging them to consider the situation through the other’s eyes.
• Identifying expectations: the mediator asks each party to outline its expectations, ideally exploring a solution that reflects the future relationship to be built.
• Possibility of multiple meetings: several sessions may be necessary to reach an agreement.
• Formalizing the agreement: if an agreement is found, the parties formalize it through a settlement agreement (drafted by the parties), confirming their jointly defined solution.

The Ombudsman for the ENGIE Group is an independent body, with no hierarchical or functional ties to the ENGIE Group.

• Free of charge: mediation is offered at no cost to the parties; the Mediation service does not bill for its dispute resolution activities. It operates with an autonomous budget and is not required to report financially to the Group.
• Confidentiality: confidentiality applies from the very beginning of the mediation process through to the resolution of the dispute.
• Professionalism and fairness: the Ombudsperson and her team carry out their mission with diligence and expertise, in full impartiality, within a transparent, effective, and fair procedure. All members of the team receive ongoing training.
• Freedom to participate: parties are free to choose whether to enter mediation, whether to continue, or to end it at any time. For business mediations held face to face, after an initial preparatory phone call, the parties themselves search for and develop a solution, with the Ombudsperson’s support.

The Mediation service operates based on eight values and principles:

• Independence
• Listening
• Respect (for people and for the adversarial process)
• Fairness
• Impartiality
• Neutrality
• Confidentiality
• Transparency

The Ombudsman for the ENGIE Group operates directly within France and acts as a point of reference for ENGIE Group entities in other countries where the Group is present—particularly in Europe—with the aim of promoting alternative dispute resolution across all areas of activity.

Every request received by the ENGIE Group Ombudsperson is reviewed to determine whether it is admissible.
When requests do not concern a dispute in France but relate directly to a country where ENGIE operates, the Ombudsman contacts the Group’s country representative to put in place an approach that respects the principles of amicable dispute resolution. If necessary, the Ombudsman may provide direct support to subsidiaries in resolving the dispute.

This support approach aims to help subsidiaries establish an appropriate local organizational framework (a mediation contact person, a mediator, etc.).

The scope of action of the Ombudsman covers all of the Group’s businesses and subsidiaries, including the sale and distribution of all energy types marketed by the Group—such as new energies (solar, wind, self consumption, etc.)—as well as the sale and management of services.