Judicial mediation is now embodied in the law and takes place within pending judicial proceedings, at the suggestion of the Judge or at the parties’ initiative. Its purpose is to bring people to find the basis of a lasting and acceptable settlement between them.
Judicial mediators are accredited by the Geneva State Council and are independent from the Courts.
Since 1st January 2011, cantonal Courts can propose to the parties to call upon a civil mediator in order to amicably settle their disputes in the course of the proceedings. Likewise, parties may opt for mediation instead of conciliation proceedings before embarking on litigation. Civil mediation is appropriate in circumstances where the parties’ relationship is one of long duration by its very nature (for example within the family, in the workplace, between neighbors), of law (for example family conflicts) or in respect of a lease, condominium, construction partnership, intellectual property and other commercial contracts) or when the conflict contains a significant emotional component.The cost of civil mediation is borne by the parties who may, when prerequisites are met, call upon judicial assistance.
This type of mediation takes place in the case of a filed criminal complaint, at the decision of the General Prosecutor. It may also be requested directly by the people concerned irrespective of the existence of a criminal complaint.Such a process enables the victim and the offender to take part freely and actively in the settlement of the offense or its consequences, with the assistance of a neutral and impartial person, the mediator. Through mediation, people tackle the consequences of the pending criminal proceedings, explore or contemplate their own solutions and may work out a settlement which provides for the withdrawal of the criminal complaint or not.The content and process of mediation remains confidential towards the General Prosecutor. The latter appoints a mediator specialized in the field and being independent from the Courts.
The cost of mediation at the decision of the General Prosecutor is borne by the State. Mediations requested directly by the parties themselves are billed.
Since 1st January 2007, law dealing with the criminal status of Youths provides for the possibility to resort to mediation. The Tribunal for Youths can therefore, for certain cases, calls upon an accredited mediator according to a mediation Directive.As in the case of adults, such a process enables the victim and the offender to take part freely and actively in the settlement of the offense or its consequences, with the assistance of a neutral and impartial person, the mediator. Through mediation, people tackle the consequences of the pending criminal proceedings, explore or contemplate their own solutions and may work out a settlement which provides for the withdrawal of the criminal complaint or not.We are regularly called upon as mediators accredited with the Tribunal for Youths.
Seized with a claim from a patient, the Commission for the supervision of medical practitioners and patients’ rights, may propose to the people concerned to settle their dispute amicably, with the assistance of a health mediator unless public policy prevails. Like any other mediation, such process enables patients and professionals who meet to renew a dialogue that allows them to overcome their misunderstanding and to find solutions.The content of the mediation and its process are confidential towards State authorities.The costs of these mediations are borne by the Commission for the supervision of medical professionals and patients’ rights. Health mediations called upon directly by the patients are borne by them.