The mediation process must be unbureaucratic, fair, quick and impartial. FINSOM’s mediation procedure is free for the client or employee and less expensive than a judicial procedure.
The procedure is confidential. By law, statements made by the parties in the course of the mediation procedure as well as correspondence between one of the parties and the mediation body may not be used in any other procedure. The parties also have no right to inspect the correspondence between the mediating body and the other party.
Role of the Mediator
The Ombudsman or Mediator acts as an independent third party between the parties in conflict or dispute to assist them in resolving it or finding a common solution.
By law, the Mediator takes the appropriate measures for mediation unless there appears to be no prospect of success from the outset. If an agreement is not reached or there appears to be no prospect of such, the ombudsman may give the parties his own factual and legal assessment of the dispute based on the information available. The Mediator shall freely assess the cases submitted to him and is not subject to any directives.
Successful mediation always depends on the participation and willingness of the parties to find common solutions or agreements on their own, in a spirit of mutual goodwill. The aim is to find a common solution or compromise, not to make concessions.