1 State - People - Authorities - 16 Judicial Organization - Lawyers and Notaries - 161 Judicial Organization - CHAPTER ONE Registered Mediators and Mediators (RLMCP)

1. The Cantonal Population Service (hereinafter: the service) maintains up-to-date lists of mediators in accordance with Article 7 of the Civil and Penal Mediation Law (LMCP), dated May 24, 2023.

2. To this end, it may specify in a directive the modalities for the application of legal and regulatory provisions.

3. A list is maintained for each of the following areas

a) civil justice;

b) penal justice.

1. The mediators are listed in the tables in alphabetical order. Included in the list are their name, first name, profession, address and contact details, their titles and training at least in mediation, their areas of specialty, and the languages they practice.

2. In the civil table, family mediation is specifically mentioned.

3. The areas of specialty for the criminal table are adult criminal law and juvenile criminal law.

A "sufficient training in mediation" as defined by Article 8 LMCP constitutes a mediation training recognized by the Swiss Mediation Federation (SMF), the Swiss Association for Family Mediation (ASFMA), the Swiss Bar Association (SBA), or the Swiss Chamber of Commercial Mediation (SCCM).

Only individuals who can demonstrate sufficient knowledge in criminal law and criminal procedure may be registered on the criminal roster.

1. Only individuals holding the title of FSM mediator may be registered on the criminal board with the specialty of "juvenile criminal law."

2. They must also provide a special extract from the criminal record, as per Article 42 of the Federal Law on the Computerized Criminal Records VOSTRA (LCJ), dated June 17, 2016 [4].

Individuals seeking to have a specialty area indicated in the civil chart must demonstrate specific training or experience in that field.

Only individuals holding the title of FSM mediator with a specialization in family mediation, or the title of ASMF family mediator, may benefit from the designation "family mediation" in the civil register.

1. The person requesting their registration in one or more tables shall submit a written application to the service.

2. They shall provide all documents proving that they meet the registration conditions, as well as those justifying the training they have completed and the titles they have obtained.

1. All registrations are subject to a fee of 150 francs.

2. If registration is requested simultaneously for both tables, it is subject to a single fee.

[5] 1 The Department of Security, Digitalization, and Culture (hereinafter: the department) is responsible for removing individuals from the registers who no longer meet the registration conditions.

2. It issues decisions regarding registration refusals and removals.

3. It imposes the disciplinary sanctions provided by the LMCP.

The tables are available on the State of Neuchâtel's website.

1 In cases provided for by law, the juvenile judge (hereinafter: the judge) may assign mediation to a mediator, or to two co-mediators.

2 Only mediators registered on the criminal mediation list with the specialty "juvenile criminal law" may be entrusted with such mediation.

1. When the judge deems that mediation can be initiated, they inform the parties and their legal representatives in writing, as well as, if applicable, their agents.

2. The judge may transmit all or part of the file to the mediator, providing them with a reasonable timeframe to conduct the mediation if deemed necessary.

1. Criminal proceedings are suspended during mediation.

2. At the request of the judge, the mediator informs the judge of the progress of the mediation.

1. The Mediator Conducts the Mediation Process

2. The mediator informs the parties of their rights and obligations in relation to this process, the voluntary nature and scope of the approach, as well as the possible consequences of their decision on criminal proceedings.

The mediation process is interrupted when the parties request it or when the mediator deems that the conditions for its continuation are no longer met.

At the end of the mediation process, the mediator communicates the outcome to the judge, either by transmitting the settlement agreement or the statement of failure.

1. If the mediation results in an agreement, it is formalized in a settlement protocol signed by each party and, if applicable, by their legal representatives.

2. The procedure is then closed, in accordance with Article 17, paragraph 2 of the Federal Act on Criminal Procedure Applicable to Minors, dated March 20, 2009.

3. If the mediation does not succeed, the mediator acknowledges its failure.

1. The content of the mediation is confidential.

2. Except for the settlement agreement or the record of failure, the parties and their legal representatives as well as, where applicable, their agents, cannot invoke before any criminal, civil, or administrative authority what has been declared or written during the mediation, regardless of the outcome.

The hourly rate (excluding VAT) is 140 francs for a mediator, and 200 francs in the case of co-mediation.

1. For offenses prosecuted upon complaint, criminal mediation may take the place of the conciliation provided for in Articles 316 and 332 of the Swiss Code of Criminal Procedure (CPP), dated October 5, 2007.

2. When the accused is simultaneously prosecuted for offenses that are prosecuted ex officio, mediation is only considered if an agreement between the parties regarding the offenses prosecuted upon complaint is relevant to the respective severity of the various offenses, and as long as it does not excessively delay the proceedings.

**1 When the offenses attributed to the perpetrator are prosecuted ex officio, mediation may take place if it appears that an agreement between the parties would allow the procedure to be dismissed in accordance with Article 53 of the Swiss Penal Code (SPC) of December 21, 1937 [6].**

**2 When the severity of the offense prevents consideration of a dismissal but mediation still seems relevant, the management of the procedure may propose it or accept it if requested by the parties.**

1. Cases that can be dismissed under Article 52 of the Penal Code generally cannot be subject to mediation.

2. However, the procedural authority may propose mediation if it believes that this approach is likely to reduce the consequences of the offense within the meaning of this provision and thus allow its application.

Only mediators registered on the criminal mediation list can be entrusted with such mediation.

1. Articles 14 to 19 (suspension of proceedings, mediation process, and confidentiality) also apply to mediation in adult criminal proceedings, except for Article 18, paragraph 2.

2. The proceedings are suspended in accordance with the Criminal Procedure Code (CPP).

3. If the mediation results in an agreement, the conduct of the proceedings shall appropriately take it into account.

If the circumstances justify it, the conduct of the proceedings may provide that all or part of the mediation costs will be covered by the State, up to a maximum of five hours.

The hourly rate (excluding VAT) for mediation hours covered by the State is 140 francs.

Judicial authorities may issue guidelines specifying the implementation of criminal mediation.

1. The court or the judge ensures not to authorize mediation if it could prove dangerous for one of the parties. This is especially the case if the relationships between the parties are characterized by control, manipulation, or a significant imbalance, particularly in situations of domestic violence.

2. The mediator also remains vigilant regarding this aspect and terminates the mediation if they discover that the parties are in such a situation.

The Department organizes a meeting twice per legislative period, bringing together representatives of the judicial authorities, mediation associations, lawyers, and the State, in order to discuss the implementation of the LMCP.

1. Judicial authorities promote the amicable settlement of disputes, particularly through mediation.

2. They ensure that all judges are made aware of this.

3. They maintain detailed statistics on mediations conducted within the framework of the LMCP in their annual management report.

Repealed

a) the order relating to criminal mediation for minors, dated July 2, 2008 [7];

b) the order setting the remuneration of criminal mediators for minors, dated July 2, 2008 [8].

1. This regulation shall enter into force on January 1, 2025.

2. It shall be published in the Official Gazette and inserted into the Collection of Neuchâtel Legislation.