- Title Pages
- The Contributors
- Chapter 1 Mediation: Comparison of Laws, Regulatory Models, Fundamental Issues
- Chapter 2 Harmonisation and Diversity in the Private International Law of Mediation: The Rhythms of Regulatory Reform*
- Chapter 3 Privatising Civil Justice and the Day in Court
- Chapter 4 Mediation in Austria: The European Pioneer in Mediation Law and Practice
- Chapter 5 Mediation in Bulgaria: Legal Regime, EU Harmonisation and Practical Experience
- Chapter 6 Mediation in England and Wales: Regulation and Practice
- Chapter 7 Mediation in France: Legal Framework and Practical Experiences
- Chapter 8 Mediation in Germany: The German Mediation Act—Alternative Dispute Resolution at the Crossroads
- Chapter 9 Mediation in Greece: A Contemporary Procedural Approach to Resolving Disputes
- Chapter 10 Mediation in Hungary: Legal Foundations, Recent Reforms, EU Convergence
- Chapter 11 Mediation in Ireland: Growing Importance of ADR Driven by Budgetary Restraints and Docket Congestion—A Cheap and Easy Way Out?
- Chapter 12 Mediation in Italy: Alternative Dispute Resolution for All
- Chapter 13 Mediation in the Netherlands: Between State Promotion and Private Regulation
- Chapter 14 Mediation in Poland: Time for a Quiet Revolution?
- Chapter 15 Mediation in Portugal: Growing Up in a Sheltered Home*
- Chapter 16 Mediation in Spain: Dealing with Its First National Regulation
- Chapter 17 Mediation in Australia: Development and Problems
- Chapter 18 Mediation in Canada: One Goal—Different Approaches to Mediation in a State with Federal and Provincial Jurisdictions
- Chapter 19 Mediation in China: Threat to the Rule of Law?
- Chapter 20 Mediation in Japan. Development, Forms, Regulation and Practice of Out-of-Court Dispute Resolution
- Chapter 21 Mediation in New Zealand: Widely Accepted and Successful
- Chapter 22 Mediation in Norway. ‘Faster, Cheaper and more Friendly’
- Chapter 23 Mediation in Russia: Regulation and Practice
- Chapter 24 Mediation in Switzerland
- Chapter 25 Mediation in the USA: Alternative Dispute Resolution between Legalism and Self-Determination
Mediation in Switzerland
Mediation in Switzerland
A New Approach in a Conciliation-oriented Tradition
- (p.1201) Chapter 24 Mediation in Switzerland
Christoph Kumpan, Cathrin Bauer-Bulst
- Oxford University Press
While alternative dispute resolution has a long-standing tradition in Switzerland, mediation is a rather new phenomenon that has developed largely outside the legislative sphere. Switzerland–not being a Member State of the European Union–has also remained unaffected by recent EU developments and in particular the new EU directive on mediation. However, the country has recently undertaken the creation of its first Code of Civil Procedure at federal level and, in doing so, has also taken steps towards regulating a few aspects of mediation. While leaving untouched much of the party autonomy that has characterised mediation thus far, the new Code regulates the points of interaction between mediation and court proceedings. In particular, mediation is now available as an alternative to the conciliatory proceeding that is obligatory for parties to most civil lawsuits. The chapter on mediation in Switzerland gives a brief overview of the situation as it now stands under the new legislation, covering federal and cantonal legislation, and the practice of mediation including training and statistics on its use.
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