The 8th ICC International Commercial Mediation Competition begins tomorrow at the International Chamber of Commerce, in Paris. During the Competition, university students will face complex, international business problems, which they attempt to resolve by mediation conducted under the ICC Amicable Dispute Resolution (ADR) Rules. By participating in the Competition, students will get the unique opportunity…
In previous posts I had pointed out how difficult it is in my area to make mediation taking off and despite the fact that Switzerland has been known as a “neutral” country with a long standing practice of promoting peace in the settlement of dispute, at least viewed from an international perspective. A figurehead of…
The title of “Mediator” In Switzerland there are two main areas of intervention of the mediation and therefore two broad categories of mediators: the so-called “conventional” mediators and those who have a quasi-“judicial” function; the latter only intervene in the case where mediation replaces the judicial conciliation required in most civil litigation pursuant to Articles…
Problems, disagreements, differences and conflicts encountered in the workplace, when left unresolved, may affect the health of Employees and impact the productivity of the Organization or Company. For Employees, this may harm their health, have adverse consequences to their family and social life, provoke reactions of withdrawal and isolation, result in a depressive state expressed…
After a recent conversation in Singapore with Joel Lee, one of our colleagues from our Blog I had a chance to meet there, I find interesting to briefly mention what is the famous “Fiutak Mediation Circle” that we use as model in our mediation training at Groupement Pro-Mediation (“GPM”) in the French speaking-part of Switzerland…
Since 1 January 2007, the law governing the criminal status of Youth (youngsters) has introduced the possibility of mediation. In Geneva, the Youth Court may delegate certain matters to mediation pursuant to a “Directive”. Such a process allows the victim and the offender to participate voluntarily and actively in the resolution of the offense or…
What is the possible role of the lawyer in a commercial mediation? How the lawyer should interact with his client in the mediation process? Here are some thoughts for using the lawyer as a positive element in the mediation involving a commercial dispute. Before mediation The lawyer should, as far as possible, facilitate transactional solutions…
What is the association The Geneva Association for neighbourhood mediation (“AsMéd-GE”, see website, in French, www.mediation-de-voisinage.ch) was created in 1994 in Geneva, Switzerland, by people from various social movements: neighbour and community associations, parents of students, social services, non-violent movements, political parties, justice… Its goal is the promotion of mediation for disputes involving neighbours. The…
On June 1, 2012, the revised version of the Swiss Rules on International Arbitration entered into force (see the recent following posts on the Kluwer Arbitration Blog: http://wolterskluwerblogs.com/blog/2012/05/31/revised-swiss-rules-of-international-arbitration-enter-into-force/ and http://wolterskluwerblogs.com/blog/2012/06/01/entry-into-force-of-the-revised-swiss-rules-of-international-arbitration-%E2%80%93-1-june-2012/). These new Rules (see text of the Swiss Rules at https://www.swissarbitration.org/sa/en/rules.php), based on the UNCITRAL Arbitration Rules, were initially enacted in 2004 in order to…
In the previous post I had submitted a check-list published by the Mediation Chamber of the Bar of Canton of Vaud (Switzerland) to the attention of Judges in order to enable them to identify, in civil and commercial matters, situations for which mediation could be appropriate. Another check-list – closely similar to that for the…
