Mediation, how does it work?

How does mediation work ?

During a mediation, the parties try to find a negotiated agreement with the assistance of a third, neutral person, the mediator. The mediator's main role is to help the parties engage in a constructive dialogue and to jointly find a solution to the problem they are facing. The mediator ensures that the solution that the parties find is thoroughly planned, balanced and that it meets all the needs that the parties have expressed. The mediator may conduct individual sessions with each party.

Will we be offered a solution during mediation?

No, the parties are the only ones who can come up with solutions, because they are best placed to know what they need. This is the main difference between mediation and conciliation.

Is the mediation confidential?

Yes, everything said in mediation remains confidential. At the beginning of the mediation, the parties sign an undertaking to this effect. Unless expressly agreed by both parties, nothing said in mediation can be reported either in the context of legal proceedings or elsewhere.

Will the mediator defend the position of either party?

No, the mediator remains neutral and impartial. The mediator ensures each aprty has an equal opportunity to speak, that they are able to express their needs and that the solution they agree upon best meets the needs that the parties have expressed.

At the end of a mediation, will the mediator render a decision?

No, the mediator does not render a decision.

Can we get a lawyer's advice if we have started mediation?

Yes, you can always consult a lawyer. It is important to check that the lawyer you choose is someone who favors amicable resolution in their practice.

Do you have to come to an agreement?

No, it is not compulsory.

If we have started mediation, can we stop whenever we want?

Yes, even if it is a court that sends you to mediation.

If the parties reach an agreement, what happens next?

The agreement will be put in writing and signed. At this stage, it becomes a contract between the parties. To strengthen it, it is possible to have it ratified by a court. Once ratified, it will have the same force as a court order.

What are the benefits of mediation?

Mediation has four main advantages:

Mediation is cheaper than a trial. AWhereas a lawsuit will cost each party several thousand, maybe even tens or hundreds of thousands francs, a mediation will be significantly less expensive.
Mediation is faster than a trial. A trial can take several years. Mediation will take a few weeks or months.
Mediation is confidential. The parties will be able to speak to each other freely, in a restricted setting and will not have to reveal details of their private lives or their affairs in court.
Mediation allows the parties to retain control over the solution. A court will not seek a solution that can suit the parties, it is not its role. The court will simply apply the law, based on the judges' understanding of the case. In mediation, the parties will work together to find a solution that works for everyone involved.

How should I go about it ?

In general, the person who wishes to initiate mediation contacts the mediator.

How much does mediation cost ?

In Neuchâtel, there is no set rate. At our law firm, the hourly rate applicable to the mediation activity is CHF 180.-/hour. Depending on the financial situation of the parties and on their expectations, this rate may be reviewed and set by mutual agreement with the parties.

Is legal aid available for mediation?

Yes, in cases concerning children's rights, mediation fees are covered by the State if the parties do not have financial means and the court asks them to try mediation.

What if the mediator is also a lawyer?

If the mediator is also a lawyer, the parties have to decide what they expect from the outset. The mediator may not subsequently act as a lawyer for either party; a party's lawyer cannot act as a mediator.