Commercial Mediation – FinSA

Principle

Disputes regarding legal claims between the client and the company affiliated to FINSOM should be settled by an ombudsman in mediation proceedings if possible.

Among other things, Commercial Mediation is provided for under the investor protection provisions applicable to the Swiss financial sector under the Financial Services Act (FinSA) and the Financial Institutions Act (FinIA).

Subject matter

The subject matter of Commercial Mediation may relate to actual disputes concerning claims, but also to any type of legitimate right, such as the right to the handing over of documents, data protection or compliance with rules of transparency or conduct.

Access conditions

A Commercial Mediation request is permissible at any time if:

  1. It was submitted in accordance with FINSOM’s rules of procedure or using the form provided by FINSOM.
  2. The client credibly proves that they previously informed the company of their point of view and attempted to reach an agreement.
  3. It is not obviously vexatious.
  4. Mediation proceedings have not already been conducted in the same matter.
  5. The case is not being or has not been dealt with by a conciliation authority or by a court, court of arbitration or administrative authority.

Requests that do not meet the conditions for admission are refused.