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Mediation and Conciliation in Switzerland: Current Practices and Future Directions
Mediation and Conciliation in Switzerland: Current Practices and Future Directions
The function of special conciliation courts and justices of the peace define the Swiss civil process. In most cantons, these courts must begin with a settlement conference presided over by a justice of the peace. In cases involving landlords and renters, special conciliation courts are set to assist parties in settling. About 40% of disputes are resolved by justices of the peace and special conciliation courts; settlement conferences are often effective. Public and private ombuds agencies play a prominent role in conciliation, whose members include prominent figures in the travel, banking, and insurance industries. Ombudsman organizations have a strong track record of resolving conflicts. Lately, there have been attempts to include mediation in conventional conciliation models, including ombudsman services. In appropriate instances, the Zurich Ombudsman now provides mediation services instead of the customary one-way process.
In addition, mediation is used in public and private organizations, as well as in family law issues including divorce. Usually, co-mediations combining solicitors and psychologists are used for family mediation. Because of the psychological and emotional aspects of workplace conflicts, mediation is preferred in these industries. To ascertain the value of court referrals to outside mediators, court-related mediation projects were formed. However, the study was not very successful, since only five of the seventy-one selected cases agreed to mediate, and only one of those instances resulted in a settlement. Numerous mediation efforts are available in Switzerland, such as long-term contractual agreements, school, public law, criminal law, neighbourhood, and business mediation. In 2000, Basel and Wollishofen, Zurich, launched neighbourhood mediation to give parties in conflict the option to speak with a volunteer mediator rather than the police. Mediation is a tool that public law practitioners can use to resolve conflicts involving the environment, between public agencies, and between individuals and public parties. By training students to resolve disputes and serve as mediators in peer conflicts, school mediation seeks to prevent or lessen violence. Over the past five years, several initiatives have been started in the German portion of Switzerland, showing promise.
Although victim-offender mediation is still relatively new in Switzerland, Waadt, Basel, and Zurich cantons have employed it for minor offences. To provide a list of qualified mediators and work with the criminal judicial system, the Verein Mediation im Strafrecht was established in 2001. A Swiss Chamber of Commercial Mediation was founded, mediation terms have replaced arbitration clauses in commercial contracts, and during the last 10 years, attempts have been made to include mediation in the settlement of commercial disputes. Since no mediator in Switzerland has substantial expertise in commercial mediation, the practice of mediation has not had a significant influence on the business sector.
Switzerland does not have any internet platforms for mediation, but it does have several institutions and organizations that encourage mediation among the general public and guarantee the profession's high standards. Public mediation is encouraged by national organisations such as Verein Mediation im Strafrecht, Institut für Mediation (IFM), Swissischer Dachverband für Mediation (SDM), Schweizerischer Verein für Mediation (SVM), Swissische Kammer für Wirtschaftsmediation (SKWM), Mediationsforum Schweiz (FH), and Schweizerischer Verein für Mediation (SVM). Switzerland offers a multitude of resources about mediation, including training, education, and information. Both public and private universities provide comprehensive mediation instruction. These courses ensure a 200-hour minimum of in-person instruction and training in mediation. Several law schools at Swiss universities have been offering courses on mediation theory and practice since 1998.
Switzerland does not have national training criteria for mediators, yet there appears to be a general understanding of the core concepts of mediation across the nation. Switzerland is home to several distinct mediation programs that were inspired by programs in North America, including the John M. Haynes model and the methods of Gary Friedman and Jack Himmelstein. On the other hand, there isn't much of a mediator style variation according to the training institution. Principles like neutrality, secrecy, voluntariness, and the freedom to self-determination serve as the foundation for mediation in Switzerland. A mediator must have no stake in the resolution of the dispute and must be impartial towards both sides. But not everyone enters a mediation with the same amount of voluntariness.
In Switzerland, there are two sorts of legislative frameworks for mediation: one that deals with mediation more indirectly and institutionalizes it by providing parties with direct access to it as an alternative to adjudication. Divorce, criminal, and administrative law all institutionalize mediation through the use of the law. Mediation has become more common in cases involving workplace conflicts between public and private organizations as well as family issues. Future Swiss mediation cases are expected to rise as a result of increased knowledge among attorneys, disputants, and mediators. Since they are impartial and may ensure secrecy, justices of the peace's settlement conferences offer a perfect venue for mediation. Mediation might take the role of customary settlement talks in court and be assigned to impartial third parties outside the court. The City of Zurich's Ombudsman model suggests that these organizations are excellent choices for mediation. Switzerland has never been a country where adjudication has been widely used. Instead, most conflicts are resolved using consensus-based dispute resolution techniques including negotiation and conciliation. Thus, the emphasis of mediation in Switzerland is on using mediation in addition to discussion and conciliation rather than using mediation as a substitute for adjudication.
- Switzerland has numerous institutions promoting mediation, providing comprehensive training programs, and ensuring high standards in the profession.
- Mediation is increasingly integrated into various fields, including family law, workplace conflicts, and public law.
- In Swiss civil processes, special conciliation courts and justices of the peace play a crucial role, resolving about 40% of disputes through effective settlement conferences.
