Mediation or Court: Which Path to Choose?

Mediation (art. 213-218 CPC)

Voluntary, confidential process where a neutral mediator helps parties find their own solution. The mediator does not decide the dispute. The conciliation authority may propose mediation (art. 213 para. 1 CPC). Parties may agree to mediation at any time, even during proceedings (art. 214 CPC), suspending the procedure.

Confidentiality (art. 216 CPC): statements during mediation cannot be used in court, unless agreed. Agreement (art. 217 CPC): if approved by the court, it has the force of a binding judgment.

Court Proceedings

Advantages: binding decision by an impartial judge, appeal rights, forced execution. Necessary when parties cannot agree or one refuses cooperation. Disadvantages: longer (1-2 years), more costly (court fees + lawyer fees), public, creates winner/loser dynamic.

When to Choose Mediation

Family conflicts, neighbourhood disputes, commercial partner disputes, employment conflicts, situations where preserving the relationship matters.

When Court Is Preferable

One party refuses dialogue, a question of principle must be decided, a legal precedent is needed, urgent measures required (art. 261 et seq. CPC), forced execution is foreseeable.

Arbitration

Private dispute resolution with a binding award (art. 353 et seq. CPC for domestic; PILA for international). Fast and confidential but generally more costly. Switzerland (especially Geneva) is a recognised international arbitration centre.