Dispute resolution through mediation.
Art. 1723 Judicial Code: Mediation is a confidential and structured process of voluntary consultation between conflicting parties with the assistance of an independent, neutral and impartial third party who facilitates communication and attempts to lead the parties to work out a solution themselves.
Mediation can provide a solution when parties in conflict still need or want to work together on a project, for example. Mediation not only aims to find a final solution to the dispute, but also to restore the mutual relationship between the parties.
Because parties work out their solutions themselves and by mutual agreement, they are, by definition, supported, thus preventing a situation where from the "solution" to one problem, the basis is laid for another.
Furthermore, the process of mediation is generally much faster than legal proceedings, and thus the costs are generally lower.
Mediation in complex disputes
A dispute can be complex for a variety of reasons.
On a purely technical level, the case may be very complicated and difficult to understand for someone who is not technically trained. In order to mediate properly, the mediator must be able to understand what the case is about, and be able to speak the language of the engineer as well as the language of the lawyer and the business manager
But it may also be that technology is not the hurdle, but rather interpersonal relationships between the people involved, differences in corporate culture and expectations that surface in the course of a project, etc.
And the most complicated cases, are usually those where all previous aspects come together.
In such a case, the court and a court survey can only offer a partial answer to the issues at hand. The court can only approach the case from a legal perspective. A court survey opens up more possibilities, especially when a serious attempt at reconciliation is made. But only in mediation can all the legal, technical and interpersonal factors in a dispute be fully involved in working out a solution.