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Understanding Mediation
What is mediation?
Disputes can be costly, time-consuming, and damage relationships if not handled constructively. Mediation offers a solution by helping parties resolve conflicts efficiently, preserve trust, and develop outcomes that genuinely meet their needs. It is particularly valuable when confidentiality, collaboration, and flexibility are important. Mediation empowers parties to take control of the outcome, reduce tension, and maintain or restore professional and personal relationships.
How does mediation work?
Mediation is a structured and confidential procedure where a neutral third party facilitates negotiation between the parties. The mediator guides the discussion, ensures that each perspective is heard, and encourages exploration of options that address the underlying interests of everyone involved.
Which kind of disputes are suitable for mediation?
Mediation is suitable for a wide range of disputes, including but not limited to:
- B2B;
- Commercial;
- Corporate;
- Contractual;
- Trust, Estate and Foundation; and
- Other business matters.
Mediation is particularly effective in international and intercultural contexts, where understanding different perspectives and preserving relationships is vital.
Mediation can also be combined with other dispute resolution methods, complementing arbitration, conciliation, or other procedures, thereby enhancing the overall effectiveness of the resolution process.
Benefits of Mediation
- Everything is up for discussion: Mediation allows the parties to address all issues that matter to them, without being constrained by predefined claims or formal procedures.
- Retaining control over the outcome: The parties remain in charge throughout the process. They decide if and when to settle, and on what terms.
- Information is treated confidentially: Parties usually agree that everything said in a mediation remains confidential. This encourages the parties to share information that would not otherwise be disclosed, which cannot be used outside of the mediation, and which helps the search for solutions.
- Disputes can often be resolved within weeks: Mediation is designed to be a streamlined and efficient process, enabling parties to move forward quickly.
- Tailor-made and sustainable solutions: Parties are not limited to predefined remedies; rather, they can agree on flexible, creative, and forward-looking arrangements (e.g., renegotiated contracts or payment plans).
- Protects relationships: Mediation fosters cooperation and helps preserve or rebuild relationships — valuable for partnerships, supplier–customer relationships, joint ventures, and similar collaborations.
- High probability of reaching a settlement: Many mediations result in mutually acceptable agreements that reflect the parties’ interests and priorities.
Mediation may take place either as an administered process or on an ad hoc basis
- Administered mediation provides a structured professionally managed mediation under selected institutional rules, e.g. the Swiss Rules of Mediation. The institution oversees all administrative aspects, ensures procedural fairness and neutrality, and assists with appointing an independent and impartial mediator.The Swiss Arbitration Centre offers this case management service throughout the entire proceedings, providing clear procedural rules, comprehensive administrative support, and guidance throughout the mediation process.
- Ad hoc mediation is a mediation that is arranged specifically for a particular dispute. The mediation is not governed by a fixed set of institutional rules, e.g. the Swiss Rules of Mediation do not apply.The Swiss Arbitration Centre offers informal mediator nomination services in ad hoc mediations and, under the Rules, acts as Appointing Authority and Case Administrator in UNCITRAL, ad hoc, and other proceedings.
More information on commercial mediation
Please feel free to contact the Swiss Arbitration Centre (centre@swissarbitration.org) or consult the website of our cooperation partner – the Swiss Chamber of Commercial Mediations – for more information about commercial mediation.
The Swiss Mediation Tradition
Switzerland has a long-standing international reputation for mediation, diplomacy, and high-quality services. The Swiss Arbitration Centre has drafted the Swiss Rules of Mediation based on decades of experience and best practices.
The Swiss Rules of Mediation encourage parties to reach an amicable and efficient solution to their dispute with the assistance of a qualified neutral. Additionally, the Swiss Rules of Mediation provide for ways of combining mediation with arbitration and other ADR methods.
Administered mediation according to the Swiss Rules
As part of our commitment to fostering a strong economy, the Swiss Arbitration Centre provides flexible, multilingual, and confidential dispute resolution services for domestic and international cases under any applicable law, in Switzerland or abroad.
At the core of the services of the Swiss Arbitration Centre are the Swiss Rules of International Arbitration and the Swiss Rules of Mediation.
To facilitate and expedite dispute resolution, we recommend that you use the Swiss Rules Model Clauses in all your contracts so that the Swiss Rules of Arbitration and/or the Swiss Rules of Mediation apply to your dispute. Both sets of rules can be used for contracts and disputes, whether domestic or international.
The Swiss Arbitration Centre provides a fully administered mediation service in accordance with the Swiss Rules of Mediation, offering a structured, neutral, and professionally managed process.
- Request for Mediation — A party submits a written request that includes the names and contact details of all parties, a brief summary of the dispute, the claims, and the amount in dispute, if available. The parties can also file the Request for Mediation jointly.
- Acknowledgement & Registration — The Secretariat confirms receipt of the case and registers it, handling all administrative arrangements.
- Appointment of Mediator — The Secretariat conducts a conflict check and ensures that the proposed mediators are impartial and qualified. The parties then receive a list of mediators from which they may select one, or the parties may jointly designate a mediator.
- Preparation & First Meeting — The mediator reviews the case and holds an initial meeting (in-person or virtual) to agree on the session format and the timetable.
- Mediation Sessions & Negotiation — The mediator facilitates discussion, helping parties exchange information, clarify interests, and explore solutions. The mediator does not impose a solution nor a decision.
- Settlement or Termination — If an agreement is reached, a Settlement Agreement is signed. If not, the parties remain free to pursue other dispute resolution mechanisms, including arbitration or litigation.
The Swiss Rules of Mediation distinguish between a simplified procedure and an ordinary procedure.
- Simplified procedure
The simplified procedure applies if the parties expressly agree to use it (opt‑in) or if they do not object to its application in cases where the amount in dispute is below a certain threshold (currently CHF 50,000).
Under the simplified procedure, the Secretariat can confirm a jointly designated mediator or directly appoint one, taking into account the parties’ preferences, without first providing a list of candidates. This can make the appointment faster and more straightforward.
- Ordinary procedure
This is the standard process used when parties have not specifically agreed to a simplified procedure or the amount in dispute is above CHF 50,000.
Under the ordinary procedure, the Secretariat assists by preparing and providing a list of qualified mediators based on the parties’ preferences and criteria. The parties then jointly select a mediator from that list, or the Secretariat facilitates the appointment when the parties cannot agree. This process is more structured and allows for careful consideration of the mediator’s experience, skills, and suitability for the particular dispute.
The simplified procedure streamlines the mediator selection stage, especially for smaller or uncontested straightforward cases where the appointment of a mediator is uncontested. By contrast, the ordinary procedure offers a more deliberate selection process that may be preferable in larger or more complex disputes. The procedures have different fee structures and costs.
Ad hoc Mediation
The Swiss Arbitration Centre offers an informal nomination service for ad hoc mediation and an appointing service according to the Rules as Appointing Authority and Case Administrator in UNCITRAL, ad hoc, and other proceedings.
The informal mediator nomination service process includes:
- Request for Mediation — The parties complete online a Request for Mediation Form, providing the names and contact details of all parties, a brief summary of the dispute, the amount in dispute (if available), and the desired qualifications of the mediator. The parties may choose between two services: 1) nomination of one mediator or 2) provision of a list of three mediators.
- Nomination of Mediator(s) — Upon receipt of the completed form and the fees, the Secretariat conducts, according to the service requested, a conflict check and ensures that the proposed mediator(s) are impartial, independent, and qualified. The person who completed the form then receives either the name of one mediator or the names of three from which the parties may select one.
- Acceptance of Mediator – After receiving the contact details of the mediator(s), the parties select a mediator and make contact. The mediator subsequently informs the parties of the procedure to be followed and provides them with a mediation agreement
- Preparation & First Meeting — The mediator reviews the case and holds an initial meeting (in-person or virtual) to agree on the session format and the timetable.
- Mediation Sessions & Negotiation — The mediator facilitates discussion, helping the parties exchange information, clarify interests, and explore solutions. The mediator does not impose a solution nor a decision.
- Settlement or Termination — If an agreement is reached, a Settlement Agreement is signed. If not, the parties remain free to pursue other dispute resolution mechanisms, including arbitration or litigation.
The Rules as Appointing Authority and Case Administrator in UNCITRAL, ad hoc, and Other Proceedings follow the procedure according to the Swiss Rules:
- Request for Mediation — A party submits a written request that includes the names and contact details of all parties, a brief summary of the dispute, the claims, and the amount in dispute, if available.
- Acknowledgement & Registration — The Secretariat confirms receipt and registers the case, handling all administrative arrangements.
- Appointment of Mediator — The Secretariat conducts a conflict check and ensures that the proposed mediators are impartial and suitably qualified. The parties then receive a list of mediators from which they may select one, or they may jointly designate a mediator.
- Preparation & First Meeting — The mediator reviews the case and holds an initial meeting (in-person or virtual) to agree on the session format and the timetable.
- Mediation Sessions & Negotiation — The mediator facilitates discussion, helping the parties exchange information, clarify their interests, and explore solutions. The mediator does not impose a solution nor a decision.
- Settlement or Termination — If an agreement is reached, a Settlement Agreement is signed. If not, the parties remain free to pursue other dispute resolution mechanisms, including arbitration or litigation.