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Standard clause

Standard mediation clause

In order for mediation to be used in the event of a dispute, the CCIG recommends the inclusion of a commercial mediation clause in all contracts.

Model mediation clause to be inserted into a contract

“All disputes, disagreements or claims arising from this contract or relating to it, including the validity, nullity, any breaches of contract or its termination, shall be the subject of mediation in accordance with the Swiss Rules of Commercial Mediation of the Swiss Chambers of Commerce in force on the date when the request for mediation is filed in accordance with that Rule.

The mediation seat shall be in Geneva [or another city in Switzerland, except where the parties have agreed on a city in another country].

The mediation process shall be conducted in [specify the desired language]”

Nevertheless, in the absence of such a clause, it is possible to resort to mediation when both parties are in agreement.

Example of a mediation agreement, post dispute

The undersigned parties declare by this agreement that they agree to submit to mediation, in accordance with the Swiss Rules of Commercial Mediation, this dispute: [brief description of the dispute].

The mediation seat shall be in Geneva [or another city in Switzerland, except where the parties have agreed on a city in another country], but meetings may take place in … [specify the place].

The mediation process shall be conducted in … [specify the desired language]. In the event that the commercial mediation is unsuccessful, the parties may resort to arbitration. A clause referring to this must therefore be inserted in any contract or mediation agreement.

Where to find a mediator

The Swiss Commercial Mediation Chamber provides a list of accredited mediators.

Core Solutions also provides a list of accredited mediators.

Interaction with arbitration and model clause

The Swiss Rules of Commercial Mediation provide parties with the option of moving from arbitration to mediation and from mediation to arbitration, or even combining the two by express agreement. This enables the parties to seek new solutions which are more suited to the resolution of their disputes.

Model clause

Clause providing for mediation followed by arbitration

All disputes, disagreements or claims arising from this contract or relating to it, including the validity, nullity, any breaches of contract or its termination, shall be the subject of mediation in accordance with the Swiss Rules of Commercial Mediation of the Swiss Chambers of Commerce in force on the date when the request for mediation is filed in accordance with that Rule..

The mediation seat shall be in Geneva [or another city in Switzerland, except where the parties have agreed on a city in another country], although meetings may take place in… (specify the place).

The mediation process shall be conducted in … (specify the desired language). In the event that the dispute, disagreement or claim has not been able to be completely resolved through mediation within 60 days from the confirmation or appointment of the mediator(s) by the Chamber, it shall be decided by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers of Commerce in force on the date when the notice of arbitration is filed in accordance with said Rule. The number of arbitrators is fixed at … (one or three).

The arbitration seat shall be in Geneva (or another city in Switzerland, except where the parties have agreed on a city in another country).

The arbitration shall take place in … (specify desired language).