Fairness is a spontaneous feeling of due process, based on the recognition of each party’s rights, without it necessarily being inspired by the law as it stands. So beyond the applicable legal norm, the Ombudsman takes into consideration the specific context of the case submitted to him to propose his solution. The enforcement of fairness is a real specificity of the mediation, compared to legal process.
See the notion of fairness among the 8 values and charter of the Ombudsman that form the framework for mediation at ENGIE.