Family Mediation

In the family context, the sources of conflict can be multiple and complex. The consequences of separation or divorce can also be serious, particularly when minor children are involved. Support for an adult child can also be a sensitive issue.

Family mediation provides a safe framework that encourages dialogue with the aim of establishing or re-establishing communication between the parties. Mediation can deal with all the issues specific to family disputes: attribution of use of the marital home, custody and visiting rights on minor children, alimony for children and/or between spouses, division of matrimonial property, division of occupational pension assets, etc.

Mediation, with the help of the mediator – or, depending on the case, the co-mediators – makes it possible to find a solution that satisfies the main interests and needs of the parties. The parties take an active part in finding a solution to their dispute. In this way, the agreement reached at the end of the mediation process is not only general in scope, but also lasting, as it is better respected by the parties.

Through its global approach, mediation helps to preserve the relationship between the parties and avoid the emergence of potential future conflicts between them. These aspects are particularly important in a family context, as even after separation or divorce, the parties are obliged to maintain certain relationships, especially in the presence of minor children.

Commercial Mediation

In the context of commerce and contractual affairs, mediation presents a pragmatic approach for effectively managing and resolving disputes within internal relationships within a company, as well as in its external dealings with business partners.

Internally, mediation serves as a valuable mechanism for stakeholders such as shareholders, partners, directors, management team members, and employees to explore solutions. This is especially pertinent during phases like integrating new personnel, fundraising, company succession planning, business expansion, market diversification, heightened regulatory requirements, or enhancing corporate governance. It encompasses the multifaceted aspects of business operations and thrives on addressing personal, risk-related, and financial elements.

Externally, in the context of commercial and contractual mediation, it offers an avenue to maintain and cultivate business relationships while ensuring that the interests of both parties are duly met. Mediation is a process tailored to align with the evolving legal landscape, thus finding resolution pathways rooted in the practical execution of contractual obligations. It strives to preserve business partnerships by thoughtfully addressing the human, risk, and financial dimensions.

Commercial and contractual mediation is characterized by its voluntariness, confidentiality, and adaptability to national and international contexts. It allows parties to choose their preferred language, location, and timeline, with due consideration for their business commitments. Upon reaching an agreement at the conclusion of the mediation process, the outcome carries the same legal standing as an extrajudicial settlement agreement and can be governed by the law chosen by the parties. Commercial and contractual mediation shines as a forward-looking approach, serving as a means to resolve present conflicts while laying the groundwork for future-focused solutions that accommodate the diverse needs and interests of the involved parties.

Inheritance Mediation

The loss of a loved one has many consequences: grief, of course, but also legal, administrative, financial, personal and symbolic issues, all of which are often intertwined. It is within this intricate context that disputes frequently emerge among those involved in the inheritance process. In such a context, it is not surprising that disputes arise between those involved in an inheritance.

Mediation offers a robust framework for effectively addressing the unique challenges associated with inheritance, which include:

• The involvement of a multitude of stakeholders within an estate (as heirs, legatees, and executors, etc.);
• Complex transnational situations (estate assets and/or heirs spread across multiple countries);
• The intricate symbolic dimensions that often underpin inheritance disputes.

The solutions reached with the mediator’s guidance, or in certain cases, with the assistance of co-mediators, serves to harmonise the primary interests and needs in question.  Furthermore, the active involvement of the parties in resolving their disputes ensures that the agreements forged at the conclusion of the mediation process are not only comprehensive but also but also foster enduring outcomes that are more likely to be honoured and upheld.

Through its comprehensive approach, mediation plays a pivotal role in preserving the relationships among the involved parties and proactively mitigates the potential emergence of future conflicts. This is especially significant in inheritance matters, given the inherent bonds that typically connect individuals involved in inheritance and the ongoing interactions they are likely to have, be it for familial or business reasons.

Neighbourhood Mediation

Interactions with neighbours can sometimes give rise to challenges related to property boundaries, excessive noise, odours, or the shared use of common infrastructure within a multi-storey building (lifts, laundry rooms, bicycle storage, parking spaces, playgrounds, etc.). In such disputes, those involved live in close proximity to one another and are bound to encounter each other regularly, both within and around the building. It is in the best interest of all parties to maintain or restore healthy relationships.

Mediation provides effective tools for addressing specific issues pertaining to neighbourhood conflicts, particularly in the following areas:

• Emotional aspects.
• Difficulties in communication.
• Understanding the diverse lifestyles of neighbours.

The solutions crafted with the mediator’s guidance fulfill the primary interests and needs at hand. This, coupled with the active involvement of the parties in resolving their disputes, ensures that the agreements reached at the conclusion of the mediation process are not only comprehensive but also enduring, as they tend to be better honored by the parties involved.

Mediation serves to preserve relationships between the parties and proactively mitigates the potential emergence of future conflicts. These considerations are especially crucial in neighbourhood relations, given the close-knit bonds between the individuals involved and the ongoing interactions they are likely to have in the future.

Property Mediation

Disputes frequently arise within the property and construction sectors, whether they pertain to property transactions, building construction or renovation, or the development of residential, commercial, or industrial complexes.

These conflicts typically involve multiple stakeholders, each with distinct interests and sensitivities. In such cases, it is often imperative for those involved to swiftly resolve these matters to prevent further deterioration and increased damage. Reestablishing open communication is vital to facilitate a smooth sale or construction process and to avoid a property or construction site becoming stalled while awaiting a court or arbitration decision.

Mediation provides effective tools for addressing the specific challenges associated with property and construction law. Its voluntary and confidential nature ensures that the parties retain control throughout the process, with the freedom to terminate it at any stage. No external authority, judge, or arbitrator will impose decisions upon them; they alone determine the course of their relationship. Mediation also fosters room for innovative and creative solutions. Furthermore, it is notably more cost-effective than pursuing judicial action or arbitration.

The active engagement of the parties in developing solutions for their disputes ensures that the agreement reached at the end of the mediation process is both comprehensive and enduring.

Ultimately, mediation serves to preserve relationships between the parties and proactively minimizes the potential emergence of future conflicts among them.

Workplace Mediation

Conflict can arise within the workplace, manifesting in various forms, including disputes within the hierarchy and among colleagues, with repercussions for both employees and employers. Such situations often result in reduced employee motivation and decreased company productivity. They can also erode trust and harm the company’s image, both internally and externally.

Workplace mediation provides an alternative approach to preventing and managing these conflicts, with a particular emphasis on preserving human capital.

Mediation equips us with effective tools for addressing issues specific to labor relations, including:

• Communication breakdowns between involved parties (colleagues, superiors, HR, etc.).
• Workplace harassment and personal conflicts.
• Demands related to working conditions.
• The aftermath of employment termination.

This process is voluntary, and all exchanges are held in strict confidence.

The solutions arrived at by the parties, with the guidance of the mediator, serve to fulfill the primary interests and needs at stake. Consequently, given the active participation of the parties in the solution to their dispute, the agreements reached at the conclusion of the mediation process are not only comprehensive but also enduring, as they tend to be better honored by the involved parties.

Mediation, through its global approach, aids in preventing conflicts and mitigating tensions. It offers a swift, effective, and cost-efficient method of conflict resolution.

The widespread implementation of mediation throughout the company fosters team cohesion and enhances the overall workplace atmosphere. The outcome is a reduction in grievances, absenteeism, and staff turnover, while also building greater employee confidence in the management of human resources by the employer.

Sports Mediation

Since the early 1980s, the world of sports has evolved into a significantly more professional domain, characterized by escalating financial, contractual, and disciplinary complexities. This transformation has inevitably given rise to disputes involving various stakeholders in the sports arena, including national and international sports federations, athletes, clubs, agents, and more.

Typically, these disputes are referred to international sports federation bodies and, as a last resort, to the Court of Arbitration for Sport (CAS). In principle, such matters are adjudicated by a judicial body, relying solely on the articulated positions of the parties through their legal representatives, without delving into undisclosed interests and other unspoken expectations.

In 2021, FIFA introduced a mediation procedure, enabling disputing parties to explore amicable resolutions before a series of decisions and rulings crystallize their disputes, rendering them insoluble except through a judge-imposed solution. FIFA’s mediation has already demonstrated significant success, earning the trust and acclaim of members within the international football community. This achievement underscores that mediation is a viable dispute resolution method that has a meaningful place in the realm of sports.

Mediation can be effectively applied to a wide range of sports-related disputes, including disagreements over decisions made by sports institutions, employment disputes, financial conflicts involving clubs, agents, or sports associations and their members. It can also facilitate solutions to disciplinary and ethical disputes and aid in easing tensions between wrongdoers and victims.

Across all areas, including sports, mediation serves to restore direct communication between parties, with the support of their legal counsel, no longer exclusively through intermediaries. As a voluntary and confidential process, it grants the parties the freedom to express themselves openly, without adverse consequences if the dispute eventually requires adjudication by a judge. The parties retain the prerogative to conclude the mediation at any stage. When successful, mediation not only resolves the immediate dispute but also paves the way for identifying and agreeing upon innovative solutions that may extend beyond the scope of a judge’s decision. These solutions have the capacity to address the parties’ current concerns and contemplate their future relationship and collaboration in a more harmonious manner.

Financial Mediation

Financial mediation, operating independently of the Federal Financial Services Act, provides a high degree of flexibility, empowering the involved parties to tailor solutions that align with their specific needs. These parties may include corporate bodies such as directors, clients, trustees, settlors, protectors, and beneficiaries, as well as investors, including Business Angels. Mediation is a dynamic process that facilitates the exploration of solutions that not only address the legal or financial dispute at hand but also take into consideration the broader spectrum of everyone’s interests.

Within the financial sector, a number of mediation bodies have been established under the purview of the Financial Services Act (LSFin) to address conflicts between involved parties.

Nevertheless, entities including trustees, foundations, FinTech companies, private equity investment firms, special investment vehicles (SPVs), and their associated entities, as well as financial service providers exclusively serving institutional or professional clients, retain the option of voluntarily engaging in mediation outside the scope of LSFin regulations.

Financial mediation offers the distinct advantage of accommodating multiple stakeholders with vested interests in or influence over dispute resolution, regardless of their formal status as litigants. It is a voluntary, confidential process, amenable to international considerations, including language and the cultural nuances of the parties involved. The choice of venue and schedule is adaptable to specific requirements. In the event of an agreement reached at the conclusion of the mediation, it holds the same legal standing as an out-of-court settlement agreement and may be governed by the law chosen by the parties. This flexibility allows for the incorporation of civil law and common law elements, among other legal considerations.

Criminal Mediation for adults and minors

The aftermath of a criminal offence can carry significant repercussions for both the victim and the wrongdoer.

Traditionally, the task of law enforcement authorities revolves around the investigation, determination of the offender’s guilt, and subsequent imposition of punishment. Within this framework, the essential needs of the victim, such as the desire to be heard, access to information, compensation, or reparation, may not always be adequately addressed. Similarly, the offender’s needs, including the opportunity to be heard, accept responsibility, and face the consequences of their actions, may often remain unmet.

Criminal mediation introduces a flexible process aimed at fostering dialogue between the victim and the offender, placing them at the center of the dispute. The objective is to create an environment conducive to constructive exchange and mutual understanding, all within a safe space. The mediation process additionally assists in addressing post-traumatic stress, anger, and anxiety that the victim may be experiencing, while working towards enhancing the offender’s accountability. Furthermore, it provides room for considering the involvement of family members or external support (psychologists and LAVI, etc.).

Criminal mediation thus offers a comprehensive approach to addressing the ramifications of a crime. Through dialogue, the victim and the offender can collaboratively explore solutions to ameliorate the harm caused.