Mediation, how does it work?

How does mediation work and what is it for ?

Briefly, during a mediation, we discuss and negotiate with the assistance of a neutral party, the mediator. The mediator's main role is to help the parties engage in a constructive dialogue and to find together a solution to the problem they are facing. The mediator ensures that the solution that the parties find is thought through, balanced and that it meets their needs. Individual interviews with the parties may be carried out for this purpose.

Will we be offered a solution during mediation ?

No, only the parties may come up with solutions. This is the main difference between mediation and conciliation.

Is the mediation confidential ?

Yes, everything that is said in mediation remains confidential. At the beginning of the mediation, the parties sign an undertaking to this effect. Unless expressly otherwise agreed upon by both parties, nothing said in mediation may be disclosed 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 that parties have an equal opportunity to speak and to express their needs and that the solution they find best meets those needs.

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

No, the mediator does not render a decision.

Can we consult a lawyer if we started mediation ?

Yes, you can always consult a lawyer. It is important to check that this person is not opposed to the idea of an amicable resolution.

Do you absolutely have to come to an agreement ?

No, it is not compulsory.

If we started mediation, may we stop whenever we want to ?

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 by both parties. It thus becomes a contract.If so desire, it is possible to have it ratified by a court. Once ratified, it will have the same authority as a court decision.

What are the advantages of mediation ?

Mediation has four main advantages:

Mediation is cheaper than a trial. A lawsuit may cost each party several thousands francs, sometimes even tens of thousands. Mediation will be significantly less expensive.
Mediation is faster than a trial. A trial may take several years to complete. Mediation will take a few weeks or months.
Mediation is confidential. The parties will be able to speak to each other freely, in a private setting and they 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. By contrast, a court will not seek a solution that can suit the parties, that is not its role. It will just decide according to the law and the judge's understanding of the situation. During mediation, the parties work together to find a solution that suits everyone involved.

How should we proceed ?

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

How much does mediation cost ?

In Neuchâtel, there is no official tariff applicable to mediation. The financial situation of the parties and their expectations will be discussed at the begining of the mediation and a rate will be agreed upon from the outset. At Etude Constantina the usual hourly rate applicable to mediation is CHF 180.-/h. This rate does not include any legal advice.

Can we benefit from legal aid for mediation ?

Yes, in cases concerning children's rights, mediation is free if the parties financial means are limited and the court enjoins them to try mediation.

What happens if the mediator is also a lawyer ?

If the mediator is also a lawyer, the parties' expectations should be clarified from the outset. If it is decided to initiate mediation, the mediator may not subsequently act as a lawyer for either party; if the person has acted as a lawyer for one of the parties in the past, he or she cannot act as a mediator.