Alternatives to Judicial Proceedings in Switzerland
Mediation, arbitration, conciliation: alternatives to judicial proceedings for resolving a dispute in Switzerland.
Last updated : 2026-04-03
Alternative Dispute Resolution Methods
Conciliation (art. 197 CPC) is the mandatory preliminary stage. Mediation (art. 213-218 CPC) is voluntary, confidential, and flexible. Arbitration (art. 353-399 CPC) is a private procedure where an arbitral tribunal renders a binding award; it is common in international trade (Switzerland hosts many significant arbitrations). Other methods include direct negotiation, Mini-Trial, and med-arb (mediation followed by arbitration if mediation fails).
Frequently Asked Questions
What is the difference between mediation and arbitration?
In mediation, the parties negotiate with the assistance of a mediator. In arbitration, an arbitrator issues a binding award like a judge.
Is arbitration possible for all types of disputes?
Yes, for property disputes where the parties may freely dispose of their rights (art. 354 CPC).
Can the arbitral award be appealed?
Only in very limited circumstances before the Bundesgericht (art. 389-395 CPC) for grave reasons such as violation of the right to be heard.
Editorial note
This article is provided for general information on Swiss law. It does not constitute legal advice and is no substitute for consulting a professional.
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