Chapter

Mediation in Switzerland

Christoph Kumpan

Edited by Cathrin Bauer-Bulst

in Mediation

Published in print November 2012 | ISBN: 9780199653485
Published online January 2013 | e-ISBN: 9780191758270 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199653485.003.0024
Mediation in Switzerland

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While alternative dispute resolution has a long-standing tradition in Switzerland, mediation is a rather new phenomenon that has developed largely outside the legislative sphere. Switzerland–not being a Member State of the European Union–has also remained unaffected by recent EU developments and in particular the new EU directive on mediation. However, the country has recently undertaken the creation of its first Code of Civil Procedure at federal level and, in doing so, has also taken steps towards regulating a few aspects of mediation. While leaving untouched much of the party autonomy that has characterised mediation thus far, the new Code regulates the points of interaction between mediation and court proceedings. In particular, mediation is now available as an alternative to the conciliatory proceeding that is obligatory for parties to most civil lawsuits. The chapter on mediation in Switzerland gives a brief overview of the situation as it now stands under the new legislation, covering federal and cantonal legislation, and the practice of mediation including training and statistics on its use.

Keywords: Switzerland; mediation; alternative dispute resolution; Code of Civil Procedure; court proceedings; civil lawsuits; federal legislation; cantonal legislation

Chapter.  18363 words. 

Subjects: Comparative Law

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