Mediation: The alternative to lawsuits

What is mediation?

Mediation is a structured approach for dispute resolution

In court, parties try to enforce their positions: “I have a legal right to … and want to have it”.

In mediation, we ask about the interests behind the position: “Why is it important for you to have… ?”.

The mediation approach is based on various principles, including impartiality, openness of outcome, voluntariness, personal responsibility, informedness and confidentiality.

Impartiality

The mediator shall treat all parties equally and shall be independent

Openness of outcome

There is no defined solution at the beginning of the mediation and no compulsion to resolve

Personal responsibility

The medians act on self-reliance and are responsible for agreements

voluntariness

Each party decides for itself whether to participate in mediation

informedness

All parties are fully informed about the procedure and contents

confidentiality

The mediator is committed to confidentiality towards the mediants

Why is mediation different?

A simple text book example for mediation

1. Initial meeting

The mediator explains the procedure, explains the basic rules, addresses any reservations and signs an agreement with the parties

2. Topic collection

The parties are consecutively asked by the mediator what topics need to be discussed in the mediation

3. Exploration of interests

The mediator works with the individual parties to clarify the interests behind the topics mentioned

4. Solution development

The parties shall work out possible solutions taking into account the interests

How does mediation work?

4 steps to the solution

A mediation can be divided into several stages.

At the beginning of a mediation, communication takes place mainly directly between the mediator and the respective party.

In the course of the proceedings, direct communication between the parties usually increases again.

Meet your mediator

Marius Schindler studied business studies and law at the University of Zurich.

He is a trained mediator for business & employment mediation, succession & inheritance arrangements, family businesses and separations & divorces.

Marius Schindler is specialized in highly controversial multi-party conflicts and has completed various systemic training courses.

Marius Schindler

Mediator Expertiva AG
contact me

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Frequently asked questions

How much does mediation cost?

Mediation is charged on an hourly basis. At Expertiva, this is CHF 280.00 per hour plus VAT. The first hour is always charged fully, then for each started quarter of an hour.

How long does mediation take?

It depends. Separations and divorces often require 5 – 8 sessions. Business mediation and inheritance settlement usually more.

Who must be present?

The group should include all the parties concerned and at least one mediator. A second mediator can also be present if desired.

How long does a session take?

A session usually lasts between 60 and 90 minutes. Longer sessions are possible, but depending on the setting, they are only of limited use.

Can I stop a mediation?

Yes, unlike in court, participation in mediation is voluntary by all parties and can be broken off at any time.

Do I have to provide a solution?

No. A basic principle of mediation is the openness of solutions.  No solution might be an outcome.

Can my lawyer be present?

Yes. The parties may also bring their lawyers to mediation. It is also possible that the final agreement reached is reviewed by the lawyer.

Do I need a lawyer?

No. The mediator guarantees the parties neutrality and facilitates communication and the development of possible solutions between them.