Aline Wey Speirs writes for The Global Legal Post on the mediation process in Switzerland
min readAline Wey Speirs, Partner in the Dispute Resolution team, based in Zurich, Switzerland has contributed to the Law Over Borders Mediation Comparative Law Guide, published by The Global Legal Post .
Her chapter centres around the mediation process in Switzerland. Unlike other jurisdictions, Switzerland has no comprehensive law on mediation. Mediation is regulated by various decrees, such as the Swiss Criminal Code, the Swiss Civil Procedure Code (CPC) and administrative laws. It is generally understood as an alternative dispute resolution (ADR) method to resolve disputes outside of court proceedings.
Mediation in Switzerland has a long-standing tradition. It is particularly valued for its flexibility, confidentiality, and cost effectiveness compared to litigation or arbitration. It is used in various contexts, such as family disputes (e.g., divorce and custody), workplace conflicts, commercial disputes, and community issues.
Swiss mediators often possess specialised training in conflict resolution and adhere to ethical guidelines set by professional organisations, such as the SBA, the Swiss Chambers Arbitration Institution (SCAI), the Swiss Federation of Mediation Associations (SDM-FSM) or the Swiss Chamber of Commercial Mediation (SCCM).
In this chapter, Aline explores the below, amongst other themes:
- How does mediation differ from arbitration or litigation?
- Are there specific rules and regulations regarding mediation?
- In what situations is mediation considered most effective?
- Is Artificial Intelligence (AI) being used in mediation?
Read the full piece in The Global Legal Post here.
