Mediators and Experts
Mediators support the Ombudsman by conducting mediation procedures and carrying out material and legal assessments. They also act as alternates for the Ombudsman. They may also act as an Expert in a mediation conducted by another Mediator. All Mediators are therefore also Experts.
Experts support Mediators in their material and legal assessments but cannot conduct proceedings.
Independence and technical skills
As an Ombudsman Office recognised by the Federal Department of Finance (FDF) according to the Financial Services Act (FinSA), one of FINSOM’s purposes is to provide a mediation team adapted to the needs of the Swiss financial sector that is independent, impartial and available.
Neither FINSOM’s Ombudsman, its Mediators, nor its Experts may deal with procedures that concern them or a natural or legal person close to them. They must also possess technical skills appropriate to the subject matter of the procedure in which they intervene and the necessary personal skills for their role.
FINSOM does not consider mediation trainings or accreditations offered in Switzerland or abroad by other organisations. Furthermore, FINSOM isn’t an association, register or club of mediators and the number of mediators is limited.
In its appointment of mediators under Art. 84 para 2 let. b FinSA, FINSOM emphasises proven, sector-specific technical skills in commercial and work-related complaints management and dispute resolution, taking into account the needs of the Swiss financial sector.
Designation and supervision
The General Assembly appoints the Ombudsman who designates additional Mediators and Experts as required to assure the technical skills of the mediation body and the availability of the mediation procedure.
If, for good reason, one of the parties to mediation does not wish a particular Mediator or Expert to be involved in the procedure, they may inform the Ombudsman.