Mediation

Role of the Mediator

The Mediator helps parties to resolve problems, conflicts or disputes between themselves, for example, in order to avoid the breakdown of relations, to control legal and reputation risks or to prevent financial, health or other unnecessary damage to either party.

Appointment of the Mediator

FINSOM appoints one or more Mediators to conduct mediation proceedings independently and impartially, without instructions or pressure from third parties. FINSOM is there to assure their independence, impartiality and technical competence.

Procedure

Proceedings before FINSOM are designed to straightforward, fair, quick, impartial and free of charge for the client or employee, and less costly than a judicial proceeding.

Proceedings are confidential. Statements made by the parties within the framework of mediation proceedings and the correspondence between a party and the ombudsman may not be used in other proceedings.

Parties are not entitled to view the ombudsman’s correspondence with the other party.

The mediator will attempt to bring reconciliation to the parties. The mediator will assist their finding and defining solutions or a common agreement.

The mediator may also carry out independent material and legal assessments and propose solutions, but cannot take sides or make a decision on behalf of the parties.

Initiation

In principle, the FINSOM mediation procedure takes place before referring the matter to a conciliation authority, court, arbitration tribunal or administrative authority.

However, it may also be initiated in the context of civil proceedings within the meaning of the Swiss Civil Procedure Code (CPC), an arbitration or administrative proceedings. In such case, the FINSOM Rules of Procedure apply by analogy with the exception of costs which may be apportioned between the parties.

Success

Successful mediation always depends on the participation and willingness of the parties to find common solutions or agreements on their own, in a spirit of mutual goodwill. The aim is to find a compromise, not to make concessions.