Commercial Mediation is provided for under the investor protection provisions applicable to the Swiss financial sector under the Financial Services Act (FinSA).
The subject matter of Commercial Mediation may relate to actual disputes concerning claims, but also to any type of legitimate right, such as the right to the handing over of documents, data protection or compliance with rules of transparency or conduct.
Commercial Mediation can be initiated either by an affiliated company or their client, or both.
If the same problems involving the same professional affect several clients, the clients may appoint a common representative.
A request for mediation is admissible under the following five conditions:
- The request is filed according to the instructions available on the FINSOM website.
- The initiator credibly proves that they previously informed the other party of their point of view and attempted to reach an agreement.
- The request is not obviously vexatious.
- A mediation procedure has not already been conducted in the same matter.
- The case is not being or has not been dealt with by a conciliation authority or by a court, court of arbitration or administrative authority.
Requests that do not meet the conditions for admission are refused.