Criminal mediation

Situations that may be suitable for criminal mediation include the following:

• Conflicts in the workplace
• Everyday life events that have degenerated
• Insults, with the exception of those made against a representative of the authority
• commercial disputes (including unfair competition)
• Small and medium-scale offences between people who have to see each other again (e.g. neighbourhood relations)

Who takes the decision on the implementation of mediation?

The cases that can be submitted to mediation are determined by the public prosecutor.

How would I know about it?

The public prosecutor puts his/her proposal into practice by sending a letter to the parties concerned, in which he/she sets a deadline allowing the parties to take their decision. During the investigation, this proposal may be made at a hearing in the presence of the parties.

Who chooses the mediator and how is the proceeding conducted?

• The prosecutor chooses a mediator from the Mediation Committee's list of sworn mediators, who must specialize in adult criminal law.  He or she may also ask the Mediation Bureau to suggest the name of a mediator.
• Once the agreement of all the parties involved in the mediation procedure has been obtained, and after checking that there is no conflict of interest of the mediator, the public prosecutor suspends the criminal proceedings for a period of 3 months and sends a copy of the file or essential documents to the mediator.
• The suspension of the proceedings is renewable.

Mediation agreement

A mediation agreement is drawn up between the parties and the mediator in accordance with Art 28 RMA.

This agreement mentions in particular the following points:

•  A description of the dispute and designation of the parties involved
• The fact that mediation does not interrupt time limits or expiry, unless there is a legal exception
• The independence, neutrality and impartiality of the mediator
• The confidentiality regarding the content and conduct of the mediation process
• An indication that financial support is being requested from the mediation bureau
• The right to terminate mediation at any time

Fees & costs

• The costs and fees of the mediator are paid by the Judiciary power for an activity corresponding to 7.5 hours of sessions, in accordance with the conditions set out in the Mediation Act. Where justified, and provided that the mediation has a good chance of success, the parties and the sworn mediator may request renewed funding, up to three times.
• Beyond that amount, they are the responsibility of the parties who may, if necessary, request legal aid.
• They may also be charged to the parties in the event of a complex financial dispute.
• The hourly rate for the mediator is Fr. 200.-.

Result of the mediation

At the end of the mediation, the mediator returns the file to the public prosecutor.

The mediator informs the public prosecutor of the failure or success of the mediation, without going into the details of the agreement, unless all the parties to the mediation wish to do so.