1 State - People - Authorities - 16 Judicial Organization - Lawyers and Notaries - 161 Judicial Organization - CHAPTER One General Provisions (GZSM)

The purposes of this law are to

a) provide a framework for the implementation of mediation in civil and criminal judicial procedures;

b) promote the use of mediation;

c) facilitate access to mediation.

This law applies to mediations conducted within the framework of judicial proceedings in the civil and criminal domains, including juvenile criminal proceedings.

Mediation is a formal communication management process, in principle freely consented to by the parties, supported by an independent, neutral, and impartial mediator, through which the parties seek their own solution.

1. The mediator exercises their functions with complete independence, particularly with regard to the authority involved in the case.

2. The mediation activity is under the responsibility of the person conducting it.

3. Mediators are subject to the rules of recusal applicable to the procedure.

1. The mediator must not favor any of the parties involved in the dispute.

2. No pressure should be exerted on the parties, particularly to obtain their agreement to a settlement.

The mediator is required to maintain confidentiality regarding the facts that he or she has become aware of in the exercise of his or her duties, unless other provisions dictate otherwise or all parties have given their consent.

1. The service designated by the Council of State maintains an up-to-date roster by field of individuals who meet the registration conditions and have requested to be included.

2. These rosters may specifically mention the particular qualifications and areas of specialty of the mediators included.

3. A mediator who no longer meets the registration conditions must be removed from the relevant roster by the department designated by the Council of State (hereinafter: the department). The same applies in the event of death or permanent incapacity.

4. Registration on the rosters is subject to a fee.

5. In the event of a refusal of registration or removal (except in the case of death, departure, or cessation of activity), the department issues a decision.

6. Only the fees of mediators registered on the roster may be covered by the State.

1. Mediators must meet the following conditions to be listed in one or more registers

a) have at least two years of experience in the field of conflict management;

b) have sufficient training in mediation;

c) not have a criminal record registration for an offense incompatible with the practice of their activity.

2. The Council of State completes and specifies the aforementioned conditions. It may stipulate additional conditions depending on the relevant field.

1. In case of a breach of the provisions of this law, the mediator listed in one or multiple registers may be subject to disciplinary action pronounced by the department, after hearing the concerned individual.

2. Depending on the severity of the breach, the sanction may consist of

a) a warning;

b) temporary removal from one or more registers;

c) permanent removal from one or more registers.

1. Disciplinary proceedings are time-barred after one year from the date the department became aware of the incriminating facts, and in any case, five years from the date they were committed.

2. If the incriminating facts constitute a criminally punishable act, the longer statute of limitations provided by criminal law applies.

3. The limitation period is interrupted by any investigatory act of the department.

4. The limitation period is suspended during a criminal procedure.

Decisions made by the department under Chapters 2 and 3 of this law may be appealed to the Cantonal Court within 30 days, in accordance with the Administrative Procedure Act (APA), of March 18, 2025 [6].

**Mediation in Civil Procedure is Governed by the Code of Civil Procedure (CPC), Dated December 19, 2008.**

1. The costs of the mediation are determined by agreement between the parties and the mediator.

2. They are borne by the parties, who agree on their distribution among themselves.

1. Mediation costs for the party granted legal aid for the relevant proceedings are advanced by the State if the court recommends mediation or consents to mediation requested by the parties, within the limits established by the Legal Aid Act (LAA), of May 28, 2019 [7].

2. The hourly mediation rate covered by legal aid, as well as the procedure related thereto, are set forth in the LAA.

3. Mediation costs covered by legal aid are reimbursable, according to the terms provided in the LAA.

1. In matters concerning children's rights, the first five hours of mediation are covered by the State if the court recommends it or agrees to mediation requested by the parties, and these hours are non-refundable.

2. From the sixth hour onwards, the costs are covered by the State only if the conditions for free access are met in accordance with Article 218, paragraph 2, CPC. These costs are refundable.

3. The competent authority specifies in its decision on mediation costs, for each party, what amount covered by the State is refundable.

4. The provisions of the LAJ relating to the appointment of mediators, their remuneration, the reimbursement of services covered by the State, and the legal remedies against the decisions of the competent authority apply by analogy to persons not receiving legal aid.

**Mediation in Juvenile Criminal Procedure**

Mediation in juvenile criminal procedure is governed by the Federal Act on the Criminal Procedure Applicable to Juveniles (PPMin) of March 20, 2009.

1. The conditions for implementing mediation in juvenile criminal law, including the procedure and the remuneration of mediators, are regulated by the Council of State.

2. The investigating authority and the courts may only appoint mediators who are listed in the register.

The costs of mediation are borne by the State and are non-refundable.

1. The conduct of proceedings may propose to the parties to enter into a mediation process at any stage of the proceedings.

2. Any criminal mediation requires the agreement of the parties and the conduct of proceedings, as well as the public prosecutor when the offenses are prosecuted ex officio.

3. The Council of State specifies, if necessary, the modalities for implementing the mediation.

1. Unless otherwise provided by federal law or cantonal law, the costs of mediation shall be borne by the parties.

2. These costs are determined by agreement between the parties and the mediator.

3. The State Council may specify the cases and conditions under which the costs of mediation may be borne by the State.

1. The State promotes mediation as a means of conflict resolution.

2. In particular, it encourages judicial authorities and professional associations of lawyers to raise awareness among their members about mediation and to provide them with the appropriate tools.

1. Any person who, intentionally, makes an inaccurate or incomplete statement, orally or in writing, with the intent to obtain or maintain a benefit based on this law, or to enable a third party to obtain such a benefit, shall be punished with a fine.

2. The beneficiary who, intentionally, fails to communicate a change in the facts on which the decision to grant the benefit based on this law is based, or the occurrence of any other fact related to the conditions for granting this benefit, shall be punished with a fine.

The Council of State enacts the necessary implementing provisions.

**Modification of the Current Law**

The amendment of the law in force is governed in the schedule of the present Act.

This law applies to legal proceedings pending at the time of its entry into force.

This law is subject to an optional referendum.

1. The Council of State sets the effective date of the present law.

2. It shall provide, if necessary, for its promulgation and execution.

Law promulgated by the Council of State on September 25, 2024.

The effective date is set as January 1, 2025.

1. The introductory law of the Federal Law on Juvenile Criminal Procedure (FJCPP), of November 2, 2010, is amended as follows

2. The Law on Legal Assistance (LLA), of May 28, 2019, is amended as follows