REGULATION on accredited civil mediators (RMCA) - [ 2 ] (RMCA)

1. This regulation establishes the framework for the financial support of mediation by the State, the conditions for exercising the activity of an accredited mediator, and the accreditation procedure.

2. Any designation of persons, statuses, and functions used in this regulation applies equally to both men and women.

1. The courts provide the parties with a list of civil mediators approved by the Cantonal Court, which compiles and maintains the list.

2. The list of approved civil mediators is provided to parties who request it or when the court advises or recommends mediation (Art. 214, para. 1 and 218, paras. 2 and 3 CPC); it is published on the judicial order's website.

3. The Administrative Court is competent to rule on the registration and removal of a mediator wishing to be included on the said list.

4. The Administrative Court makes its decision based on an opinion issued by the commission provided for in Articles 10 and following of these regulations.

1. Mediation Free of Charge (Art. 218 para. 2 CPC) or Covered by Legal Aid (Art. 39c CDPJ) can only be conducted by an accredited mediator.

2. The remuneration of the mediator in this context is governed by Chapter VI of these regulations.

3. The intervention of multiple mediators simultaneously on the same case (co-mediation) must be authorized by the judge.

4. In cases where a party does not receive coverage of costs by the State, they are responsible for directly paying their share of the costs to the mediator.

1. To be included on the list of accredited civil mediators, the applicant must establish by documentary evidence that they meet the following cumulative conditions

a. hold a university degree or a qualification deemed equivalent, or possess professional experience deemed equivalent;

b. have undergone mediation training certified by an association recognized in Switzerland in the field of mediation (e.g., Swiss Federation of Mediation Associations, Swiss Bar Association, Swiss Chamber of Commercial Mediation) or hold an equivalent qualification;

c. possess at least 5 years of professional experience;

d. not have a criminal record for an intentional offense detrimental to integrity and honor.

2. Where the mediator demonstrates sufficient knowledge in the relevant field, the list may indicate the mediator's specializations: family law, neighborhood disputes, labor law, tenancy law, commercial law, consumer law, construction law, among others.

1. The accredited mediator exercises his or her functions with full independence.

2. He or she does not favor any of the parties to the mediation and refrains from any action that might call into question his or her impartiality.

3. He or she does not exert any pressure on the parties to obtain agreement to a settlement.

1. The accredited mediator is obliged to maintain secrecy regarding any facts that he has learned in the performance of his duties and concerning the operations he has conducted, participated in, or witnessed.

2. No confidential information may be disclosed to third parties unless all parties to the mediation consent to it.

1. At the time of his accreditation, the mediator appears before the Administrative Court of the Cantonal Tribunal and makes the following solemn promise

"I undertake to carry out my mission in compliance with the laws, in complete independence, neutrality, and impartiality, without exerting any pressure on the parties in dispute to obtain their agreement to an understanding that would not be freely consented to, and to respect the confidentiality of the mediation."

1. The accredited mediator shall enter into a written agreement with the parties at the start of the process, which shall, among other things, remind each party of their right to terminate the mediation.

2. This agreement shall stipulate, among other things, the amount of the mediator's fees and their allocation among the parties.

1. The mediator submits his written request, accompanied by supporting documents, to the advisory commission, which examines it and forwards it with its recommendation to the Administrative Court, which makes a decision (Art. 2, para. 4 of the regulation).

2. The request specifies, on the one hand, the specializations acquired in one or the other field through training, and on the other hand, the preferred areas in which the mediator wishes to practice. The mediator may add to this latter mention the languages other than French in which he can practice.

1. Registration on the list of mediators is subject to a fee of 200 francs.

1. The advisory commission is appointed for the duration of the legislative term by the Administrative Court.

1. It is composed of five members, consisting of a judge from the Cantonal Court who presides over it, a president of a district court, a justice of the peace, and two mediators appointed by the Administrative Court from among the mediators practicing in the canton, upon the proposal of the main associations. Each member is assigned a substitute.

1. Upon an application for registration, the commission generally makes its decision based on the dossier. If necessary, it hears the applicant.

2. The commission organizes itself. It may issue its opinions via circulation.

3. The Administrative Court rules in the event of a request for recusal of a member of the advisory commission, with Articles 9, 10, and 12 of the LPA-VD [B] being applicable by analogy for the remainder.

4. The mediator members of the advisory commission and their substitutes are compensated by the Cantonal Court according to a rate determined by the latter.

1. The registration is struck off in case of death or permanent incapacity.

2. At least once per legislative session, mediators are invited to confirm their wish to remain listed.

3. When the conditions provided in Article 3, paragraph 1, letter d) of these regulations are no longer met, the Administrative Court shall remove the mediator from the list. The mediator is heard. The advisory commission may be consulted.

4. In case of a breach of Articles 4 and 5 of these regulations, the Administrative Court may remove the mediator from the list or issue a warning if the breach is of minor severity. The mediator is heard. The advisory commission may be consulted.

1. When legal aid has been granted in application of Article 39c of the CDPJ, or when the parties are entitled to free mediation in application of Article 218 paragraph 2 of the CPC, the mediator's remuneration is set at an hourly rate of 180 francs.

a. ...

b. ...

c. ...

2. The mediator's disbursements are fixed in accordance with Article 3bis paragraph 1 of the RAJ. Any travel is reimbursed at a rate of 70 centimes per kilometer.

3. The decision setting the indemnity is a decision separate from the judgment on the merits, made by the delegated judge of the authority competent for the merits, at the conclusion of the mediation.

4. The decision setting the indemnity also indicates the amount of VAT insofar as this indemnity is subject to tax and VAT has not already been taken into account.

5. The mediator may appeal against the amount of their indemnity through the same channels available to court-appointed counsel in matters of legal aid.

1. Decisions made by the Administrative Court under Chapters III and V of these regulations may be appealed according to the law on administrative procedure [B].

1. This regulation enters into force on January 1, 2011.