Switzerland As A Forum For Medarb

Success rates of mediation typically exceed seventy percent, sometimes reaching eighty percent or more. Arbitration clauses increasingly require a mediation to be conducted as a preliminary step prior to arbitration. Medarb clauses are increasingly frequent, and it is probable that they will become generalized.

If nearly all disputes have to go through a preliminary mediation, the number of arbitration cases may be substantially reduced. It remains to be seen, however, whether the success rate of mediation will remain as high if nearly all arbitration cases go first to mediation, including those that are arguably harder to mediate.