Advantages

Which are the main benefits of the mediation process ?

  • Ethics : The recognition of the Swiss Federation of Mediation Associations (FSM) binds us to the code of ethics for the profession (observance of the principles of neutrality and impartiality, confidentiality and independence; principles enshrined in the Code of Swiss Civil Procedure). 
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  • Autonomy : people in conflict are actively involved in finding a joint solution acceptable and fair. The decision belongs to them and is not imposed by a judge.
  • Reasonable duration : extra-judicial and voluntary process, the mediation lasts, in principle, a few weeks or months, while a judicial process can take several years.
  • Controlled costs :  the costs of the mediation are normally shared between the persons concerned; they are acceptable due to the reasonable duration of the process.
  • Social links preserved : when the mediation is successful, the appeasement brought to the parties thanks to the resolution of conflict and to the restoration of communication, helps maintain or recreate any kind of relationships (in the family, in the society, in the business or in the commercial fields).

Confidentiality, Independence and Confidence

The mediator provides the parties in conflict the opportunity to resume the dialogue in a neutral listening space, based on mutual respect. The people in conflict can express their version of events and their emotions in a confident atmosphere.

The Code of Civil Procedure garantees the independent and confidential nature of mediation, compared to the conciliation authority and the Tribunal. Statements of the parties can not be included in the proceedings.

Fair and Constructive Agreement

In the traditional procedure of resolving a dispute, a judge decides in favour of one party.

In the mediation, the parties voluntarily and actively follow a process bringing them to consider the best solutions to each party; so it can be two winners, instead of a winner and a loser.

Duration and Reasonable Costs

Mediation is an economically advantageous process, since the parties will split the cost fairly.

In principle, some sessions are sufficient to build a joint and sustainable solution.