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SEC - MEDIATION CENTRE, Overview

I. What is mediation?

1.	Mediation is a non-binding procedure for settling disputes out of court between two or more parties with the assistance of a neutral intermediary and the active collaboration of the parties in dispute.
2.	The objective of a mediation is to reach a mutually satisfying agreement between the parties together with the mediator. A mediation approach can be introduced into any commercial dispute.
3.	The mediator does not function as a judge therefore he/she does not have to be legally trained. Unlike an arbitrator or a judge, the mediator is not a decision-maker. He/she assists the parties in reaching a settlement by mediating creative solutions to solve their dispute.

II. What is the point and the purpose of the SEC- Mediation Centre?

4.	The SEC – Mediation Centre is an expert committee within the Chamber of Commerce Switzerland – Central Europe (SEC). The point and the purpose of the SEC – Mediation Centre is the settlement of the following civil and public commercial disputes by trustworthy, impartial and skilled experts:
	·	between Swiss / Liechtenstein corporations / authorities on the one hand and Central European corporations / authorities on the other hand;
	·	between Swiss / Liechtenstein corporations on the one hand and Swiss / Liechtenstein authorities on the other hand;
	·	between Central European corporations on the one hand and Central European authorities on the other hand.
	The SEC mediators are by virtue of their expertise in positions to mediate especially disputes in the following areas:
	·	supply of services and goods, insurance - and banking law;
	·	labour law and Intellectual Property;
	·	disputes within the framework of legal liability;
	·	disputes regarding the acquisition of shares, takeovers and mergers.
	The goal of any mediation is to collaboratively settle all pending controversial issues between the parties within a short period of time and to minimize the cost-exposure. With certain deviations the SEC Mediation Rules broadly follow the WIPO Mediation Rules.

III. Principles of the SEC Mediation Rules

5.	Principle of Advancement The duration of any mediation shall not exceed one year, starting when the request for mediation is received by the Mediation Centre. Therefore the mediator and the parties have at most one year to work out an agreement for the settlement of the dispute. Otherwise the mediation is deemed to be (unsuccessfully) terminated.
6.	Principle of Confidentiality The SEC Mediation Rules safeguard the confidentiality of business and other classified information. In case the mediation procedure fails, any documents pertaining to the mediation and notes taken by the parties or the mediator shall be destroyed. The parties to the mediation procedure are able to freely express any views or suggestions with respect to a possible settlement of the dispute, and this information shall not be introduced as evidence or in any manner whatsoever in any judicial or arbitration proceeding.
7.	Freedom of Languages The SEC mediation procedure can be conducted in German or in one of the world languages or in one of the Central European languages. For this reason the SEC mediator list includes experts who are fluent in one or more of these languages.

IV. The SEC Mediators

RHM Rechtsanwälte u. Notariat, 6045 Meggen, J. Mischa Mensik, Internationales Handelsrecht
Bonfils Jacques, MBA, 1630 Bulle
Glisic Milan, Prof. Ph. D., Belgrade
Hartlaub Dr. Iris, GB-London
Hauser & Hauser Rechtsanwälte 8001 Zürich, Michal Kobsa
Malacka Michal, Mgr., Palacky University, Faculty of Law, CZ-Olomouc
Masoni Franco, 6901 Lugano, Rechtsanwalt, Notar
Schmid Gregor F., Ph.D., Pennsylvania College of Optometry, USA

V. Office and Public Relations

The office of the SEC Mediation Centre is located at the domicile of the Chamber of Commerce Central Europe (SEC) in Zurich. Mr. Max Steiner (SEC-Manager), Ms. Michela Schena and Ms. Pernille Budtz administer the office. Mediators Spokesperson is Ms. Dr. Iris Hartlaub.

Sekretariat SEC
Herr Max Steiner
Stauffacherstrasse 45
8026 Zürich

Telephone:
Extension:
Fax:

+41 44 249 48 80
+41 44 249 47 81
+41 44 249 49 66

VI. Fees of the SEC - Mediation Centre

The amount of the administration fee shall be 0.10% of the amount of value of the mediation procedure, subject to a maximum registration fee of CHF 10'000.--:

Streitwert des Schlichtungsverfahrens		Gebühr
up to CHF 500'000.--		CHF 500.--
from CHF 500'000.--	to CHF 1'000'000.--	CHF 1'000.--
from CHF 1'000'000.-	to CHF 5'000'000.--	CHF 5'000.--
from CHF 5'000'000.--	to CHF 10'000'000.-- and more	CHF 10'000.--

The value of the mediation is determined by the total value of the amounts claimed.

Where the request for mediation does not indicate any claims for a monetary amount or the dispute concerns issues that are not quantifiable in monetary amounts, an administration fee of CHF 750 shall be payable, subject to adjustment. The adjustment shall be made by reference to the administration fee that the Center, after consultation with the parties and the mediator, determines in its discretion to be appropriate in the circumstances.

The mediator’s fees can be calculated as follows:

Honorar des Schlichters	Minimum	Maximum

Per Hour	CHF 300.--	CHF 600.--
Per Day	CHF 1'500.--	CHF 3'500.--

Expenses and VAT will be charged separately.

The schedule of fees and costs can be subject to change.