Rules and procedure
The applicable procedure can be found in the attached document. The main principles are as follows :
- Simplicity. We want this process to be efficient, although the Ombudsperson can decide the procedure according to the law.
- Interaction. At all times you can discuss the process with the Mediator. Discussing and agreeing on the process is agreeing on how to resolve a dispute
- Confidentiality.
- Reasonable costs.
You will find below a simplified description of the process. Whilst steps 1 and 2 will usually take place as described, the appointed Mediator will take any variations from steps 3 to 4 as it deems useful taking into consideration the circumstances known at the time.
Mediation procedure
Submission & appointment
Claim interview
Mediation
Resolution
Step 1
Submission and appointment
- Fill up the Mediation Request Form or draft any other document making sure it contains the information specified in the Form
- Pay the one-time registration fee
- Send your Mediation Request to the foundation with exhibits and confirmation of payment
- Send a copy of your Mediation Request to the other party(ies)
- The Foundation checks completion of step 1 components
- The Foundation receives response / liaises with the parties
- The Foundation designates the Ombudsperson
Step 2
Procedural conference call or meeting
- The Ombudsperson discusses with the parties their expectations and the proceedings
- The Ombudsperson may seek further information that is needed
- Parties and Ombudsperson seek agreement as to the proceedings
- Parties sign a Mediation Agreement with the Ombudsperson
Step3
Mediation
- The Mediation actually starts with step 3
- If not addressed during the first procedural meeting, the subject matter at issue is discussed with the parties
- Negotiations take place
- Discussion and decision as to the continuation of the proceedings
Step 4
Resolution
- Either parties have reached an agreement and a settlement agreement is drafted
or
- The mediation did not lead to a settlement and the Ombudsperson closes the proceedings and/or issues an evaluation. Depending on the content of the file, the Ombudsperson may ask further submissions from the parties
Payment of the mediation request registration fee
In all circumstances, the handling of the request and appointment process only starts upon payment of the registration fee.
One-time registration fee CHF 400.00
Payable on OFS banking account with UBS Nr 279-360922.01M
IBAN : CH74 0027 9279 3609 2201 M
BIC : UBSWCHZH80A
Fees of the Ombudsperson hourly rate between CHF 300.00 and CHF 500.00
The Ombudsperson may ask for the payment of deposits to cover its fees
All fees and deposits in relation to the services rendered by the Ombudsperson are payable on the banking account indicated by the Ombudsperson.
