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Mediation & legal counsel
Mediation does not replace legal advice. It creates a basis for agreement that lawyers and notaries can then secure and formalise, for solutions that are both humanly sustainable and legally sound.
Two distinct, complementary roles
A mediator and a lawyer do not occupy the same position. A lawyer defends one party's interests, informs them of their rights and represents them. A mediator is impartial: they do not give legal advice, do not take sides and do not arbitrate. Their role is to restore dialogue and help the parties build their own solution.
Far from being in conflict, these two roles complement each other. A party can absolutely consult their lawyer alongside a mediation, indeed it is recommended for complex situations or those with significant financial stakes.
How mediation and legal advice fit together
- Before mediation: a lawyer can help you clarify your rights, your room for manoeuvre and your objectives, so you enter the process fully informed.
- During mediation: you can consult your counsel between sessions to validate an option, check a legal or tax implication, or secure a sensitive point.
- After mediation: the agreement reached can be reviewed, secured and formalised by lawyers or notaries (a settlement, contract or notarial deed) and, where relevant, ratified by the court.
The legal force of a mediated agreement
Under Swiss law, an agreement reached through mediation has the value of a contract between the parties. Depending on the matter, it can be reinforced: ratified by the judge (notably for questions concerning children), incorporated into a divorce settlement, or converted into a notarial deed. The confidentiality of the process remains protected: what is said in mediation cannot be used before a court without the parties' consent.
When should you consult a lawyer?
Mediation is often enough to resolve a conflict. A legal opinion nonetheless remains valuable when the financial stakes are high, when inalienable rights are involved, when a legal deadline is running, or simply to be sure you are signing a balanced and informed agreement. At your request, Accorder can work constructively with your respective advisers.
Request a first conversation
The first conversation is confidential and without obligation. It clarifies your situation and assesses whether mediation is the right fit, alongside legal advice where needed.