Mediation is an alternative method of dispute resolution whereby two or more parties ask a third party, neutral (with regard to the dispute) and independent (with regard to the parties involved) – the mediator – to assist them in settling a dispute. The mediator facilitates the exchange of opinions between the parties and encourages them to explore solutions that are acceptable to all the participants. Unlike an expert, the mediator does not offer his own views; unlike a conciliator, he does not make proposals, and unlike an arbitrator, he does not render an award.
Mediation can concern any level and type of business relationship: commercial relationships (franchise, distribution, construction, representation contracts, etc.), collective relationships (management committees, shareholders’ agreements, project groups, etc.) or individual conflicts (compensation, harassment, promotions, etc.).
The mediation can be terminated at any time, if the parties do not reach a mutually satisfactory settlement, or if one of the parties wants to discontinue the process.
To help parties choose what is most appropriate for them, the Swiss Rules of Commercial Mediation propose various clauses to include in contracts and mediation agreements. In order to have recourse to mediation in case of a dispute, it is important to include a commercial mediation clause in every contract. However, in case of the absence of such a clause, it is possible have recourse to mediation if the two parties decide by mutual agreement to submit the dispute to this form of conflict resolution. If commercial mediation fails to produce a settlement, it is possible have recourse to arbitration. However, in this case, a clause or an agreement mentioning this must have been included in the above mentioned documents. .
The rules respect the freedom and voluntary participation of the parties. They do not impose procedural rules on the parties, who are also free to designate the mediator of their choice. However, Chambers of commerce can propose and nominate a mediator if the parties fail to agree on the choice of a mediator.
- Swiss Rules of Commercial Mediation
- Mediation clauses
- Suggested agreements to mediate when the parties are already involved in a dispute or a problem (French, German, Italian, English)
- Cost of commercial mediation
Contacts :
Norma Streit-Luzio, person in charge
Sonia Delgado, assistante
Tél. +41 (0) 21 613 35 31
Fax +41 (0) 21 613 35 05
Email : droit@cvci.ch