Procedure, mediation and arbitration

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Judicial Proceedings

Formal Framework for Dispute Resolution

When no amicable solution is possible, judicial proceedings remain the formal framework through which disputes are resolved by the courts. They involve bringing a case before a State tribunal, where an independent judge examines the matter, assesses the facts, and applies the law to issue a binding decision.

In Switzerland, such proceedings are governed in particular by the Code of Civil Procedure (CPC), the Code of Criminal Procedure (CPP), and the Federal Act on Administrative Procedure (PA), which harmonise the applicable rules nationwide. They set out, among other things, procedural stages, deadlines, formal requirements, admissible means of evidence, and available avenues of appeal.

While this process ensures the issuance of an enforceable judgment, it also requires precision and discipline: respect for formalities, mastery of the procedural calendar, and clear presentation of claims. It may also prove lengthy and costly, depending on the complexity of the dispute and the conduct of the parties.

Our firm supports you at every stage of the judicial process, defending your interests with determination and strategic insight, in full compliance with the law and the requirements of the competent court.

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Mediation

A Collaborative Approach to Dispute Resolution

Mediation is an extrajudicial process in which a neutral third party - the mediator - facilitates communication between the parties to help them reach a mutually acceptable solution. This method is voluntary, confidential, and flexible.

Mediation can be initiated at any time, even during ongoing judicial proceedings. It is especially valued for its ability to preserve relationships and enable creative solutions.

  • Conflict resolution
  • Judicial Proceedings
  • Arbitration
  • Mediation
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Arbitration

A Private Alternative to State Courts

Arbitration offers a private alternative to State justice, whereby the parties agree to submit their dispute to one or more independent and specialised arbitrators. This method may be faster than traditional court proceedings and offers flexibility regarding the choice of arbitrators and procedural rules.

Arbitral awards are binding and recognised internationally. The arbitrators’ specialisation in technical fields and their practical experience make arbitration a preferred option for complex commercial disputes.

Our lawyers can advise you on the suitability of arbitration for your case and, of course, assist you throughout the arbitral process.

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Frequently asked questions

In response to frequently asked questions about dispute resolution procedures in Switzerland, we have drawn up these Frequently Asked Questions (FAQs). It aims to clarify the essential aspects relating to these methods.

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Mediation is a voluntary process in which a neutral third party helps the parties to find a mutually acceptable solution, without imposing a decision. Arbitration, on the other hand, involves an arbitrator making a decision that is binding on the parties, similar to a court judgement.

Mediation offers a more flexible and less formal approach, allowing the parties to retain control over the resolution of their dispute. It is generally quicker, less costly and helps maintain relations between the parties.

To initiate arbitration proceedings, the parties must have concluded an arbitration agreement stipulating their agreement to arbitrate in the event of a dispute. They can then submit their dispute to an arbitration institution, such as the Swiss Chambers' Arbitration Institution, which administers the proceedings in accordance with its rules.