Question 1

What is mediation and how does it work?

Accepted Answer

Mediation is a conflict resolution process in which an independent, impartial and neutral mediator helps the parties reach a mutually agreeable solution. Alix de Courten, a Lausanne-based attorney and mediator with over 20 years of experience, uses her expertise to facilitate this dialogue. The mediator does not impose a decision, but rather guides the parties towards a common  solution.

Mediation offers an alternative to legal proceedings, promoting a more constructive, collaborative and, above all, less confrontational approach.

Mediation is generally entered into voluntarily, however in certain cases it may be recommended, or even ordered, by a court.

Question 2

Is my situation suitable for mediation?

Accepted Answer

In principle, all conflicts, whether Swiss or international, can be resolved through mediation. These include, in particular:

• family conflicts (separation, divorce, custody, maintenance contributions, pensions, liquidation of matrimonial property regimes, etc.)
 • inheritance conflicts
 • conflicts between partners or founders
 • employment conflicts
 • conflicts within associations or foundations
 • conflicts in the corporate world
 • commercial conflicts
 • construction or neighborhood conflicts
 • conflicts in the world of sport

Question 3

How does mediation work? In person or virtually?

Accepted Answer

Ms. de Courten meets the parties in person at her office in the heart of Lausanne, Avenue de Montbenon 2, 1003 Lausanne. She also offers video conferencing sessions, providing great flexibility for the parties involved.

Interviews can be held in English or French, depending on the needs of the parties.

Question 4

Why choose mediation?

Accepted Answer

Mediation enables people in conflict to exchange ideas and maximizes their chances of finding a solution to their dispute - “their solution”  negotiated and accepted by all parties, under the guidance of a neutral, impartial and independent third party.

As a result, time, energy and money are saved.

During mediation, the mediator helps the parties to :

• better communicate with each other;
 • focus on the core questions that need to be resolved;
 • express their needs and feelings;
 • adopt a constructive rather than destructive attitude;
 • find their own solutions to their problems; and
 • craft creative and innovative solutions (customized and forward-looking) that not only resolve the dispute, but also prevent future difficulties or resolve collateral problems.

Mediation offers an alternative to court and arbitration proceedings, promoting a more constructive and less confrontational approach. Unlike a trial, where the judge imposes his/her decision, the mediator does not impose a solution on the parties, but listens to them and guides them through the mediation process, helping them to find their own solution to the conflict.

➡️ For more information on the difference between mediation and other conflict resolution methods (negotiation, arbitration, court proceedings), visit the website of the Mediation Chamber of the Vaud Bar Association (https://mediation-oav.ch/).

Question 5

When to undertake mediation?

Accepted Answer

Mediation can be undertaken at any time:

• Before legal proceedings or instead of legal proceedings;
 • During legal proceedings: legal proceedings can be suspended at any time, at the request of and by agreement between the parties, to allow mediation to take place;
 • After legal proceedings: mediation can be useful (and in the common interest of all parties), particularly when the parties are required to maintain a relationship (familial, neighborly, working or financial), or to enforce a court ruling.

Question 6

How does the mediation process work?

Accepted Answer

The mediation process is set up with the parties (and their lawyers, depending on the circumstances). It is a voluntary process, in which each party is the focus of the mediator's attention.

After the initial contacts, individual meetings take place so that each party can express themselves freely and confidentially in a space dedicated to them. Joint sessions follow. At any time, each party can request a one-on-one meeting with the mediator.

The length of a mediation varies based on the complexity of the conflict and the cooperation of the parties. Ms. de Courten adapts the mediation sessions to your needs, using her expertise and a pragmatic approach.

In the case of group mediation, the process is adapted according to the number of participants and their needs.

Question 7

Can my lawyer be present during mediation?

Accepted Answer

Yes, the role and participation of the lawyer during the mediation process is discussed with the mediator. It is the mediator who supervises the process and defines the pace of the sessions, as well as participation in the sessions. The lawyer advises his/her client on the legal situation and supports him/her in the search for a negotiated and collaborative solution, within the framework defined by the mediator.

Question 8

What happens if an agreement is reached in mediation?

Accepted Answer

The agreement reached in mediation is formalized in writing. Depending on the case, particularly in family law, it is sent to the presiding judicial authority for ratification as a ruling.

Question 9

What happens if mediation fails?

Accepted Answer

At any time, either party may decide to end the process and pursue other avenues.

If mediation is unsuccessful, the parties themselves determine how they wish to proceed with their conflict. Mediation is an opportunity for the parties to fully address the conflicts between them. Very often, if an agreement is not reached during mediation, it is reached immediately afterwards, with the mediation having served as a means for the parties to highlight their needs and have them at least heard by the other party.

As the content of mediation is confidential, it cannot be used in legal proceedings.

Question 10

How much does mediation cost?

Accepted Answer

The cost of mediation varies according to the number of parties involved, and the nature and complexity of the conflict. In some cases, two to four sessions are sufficient; in other cases, additional sessions are needed in order to settle all outstanding points or to resolve a complex situation.

From the outset, the parties are informed of the mediator's hourly rate. The breakdown of costs between the parties is agreed upon with the mediator.

In family law situations concerning minors, the judge may grant free mediation to parties with limited means. It is also possible to request legal assistance for mediation during the course of proceedings.

mediation-avocats.ch

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