Mediation
In mediation (including co-mediation), the parties are looking for an amicable solution to their conflict or to align their interests. As a mediator, I enable and lead the discussion. Thereby we evaluate the parties’ positions and the interests behind them. On this basis, the parties will evaluate solutions that are fair for both of them. Standard solutions offered by the law for similar cases will be taken into consideration. However, they shall not be in the forefront when it comes to make a decision. The parties are fully self-determined in finding a solution.
The goal is to find a sustainable solution both parties can live with.
The found solutions can then be contractually fixed. Where necessary the contract can be publicly notarised or filed with the competent court or authority.
Collaborative Law and Practice (CLP)
The CLP proceeding is like mediation a proceeding that looks for the parties’ interests. Based on these interests, solutions will be evaluated.
Unlike in mediation, each party is represented by a lawyer. Each lawyer has a duty to his client’s interests. Moreover, the lawyers of both sides are instructed to cooperate with the counterparty and to negotiate an amicable solution.
The fact that each party is represented can also help to even out an eventual imbalance between the parties (e.g. with regard to their income, education, financial knowledge or child matters).
In case no solution is found, the Collaborative Lawyer will not represent its client in court. Thus, no party has to fear that what has been said will be used against him or her in a later trial.
Further information and a list of CLP professionals can be found on the internet page of the Swiss Association for Collaborative Law and Practice, of the European Network for Collaborative Practice (ENCP) as well as the International Academy of Collaborative Professionals (IACP).
CLP Schweiz brochure (deutsch)
Divorce by Consent
A joint legal consultation is suitable for spouses and registered partners with clear ideas on how to settle the incidental legal consequences of their divorce or the dissolution of their registered partnership, respectively. In such joint consultation, I support you to put your solutions in writing and to optimise them with regard to social security and tax aspects.
Restorative Justice in Criminal Law
In criminal law, traditionally the offender is in the center of attention while victims are often only heard as wittnesses. The approach followed by Restorative Justice takes the perspective of the victim into account.
In this voluntary proceeding, the criminal act will be discussed, the conflict reconciled and a compensation negotiated. For the victim, it is an opportunity to receive damages for pain and suffering, to relieve anger, to hear an apology, to reduce fear and finally to establish social peace.
For the offender, it is also a chance to reduce the punishment or to have the case entirely closed by the authorities.
Offender and victim will be closely guided by the mediator. The mediator also makes sure that the victim is not pressured to attend the proceeding and that no new violations take place.
Notary Public
Where the law requires an agreement to be notarised or a document to be legalised or for reasons of legal certainty in national as well as international matters, I can support you in my role as Notary Public of the Canton of St. Gallen.
Legal Advice
For information about my practice as party representative, please refer to this link.
ABOUT ME
As Mediator and Collaborative Lawyer I enable communication between spouses, family members, heirs, neighbours, business partners as well as between public authorities and interest groups and employers and employees.
It is my goal to create a setting in which the participants are able to search for solutions that take both side's interests into consideration - even if there is conflict between them. The mediatve process enables the parties to be self-determined and to take sustainable decisions.
As Lawyer and Notary Public I'm able to transfer the decision made at the end of the proceeding into a contractual form. If necessary, I can notarise such agreement or hand it in with the competent court or authority.
Engagements and Memberships
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Mediator for Divorce and Separation at the Counselling Center for Families (Beratungsstelle für Familien), St. Gallen
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Board Member of the European Network for Collaborative Practice (ENCP)
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Member of the International Academy of Collaborative Professionals (IACP)
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Kinderanwaltschaft Schweiz (Children's Attorney Switzerland)
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Member of the Board of Trustees of the Sebastiana Foundation
Qualifications
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Attorney-at-Law
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Public Notary in the Canton of St. Gallen
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Mediator SAV
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Collaborative Lawyer clp Schweiz
Further Education
CONTACT
Please contact me in order to arrange a meeting or to assess whether one of the alternative dispute resolution methods is suitable for your case.
Roman Kern, Oberer Graben 44, PO-Box 1047, CH - 9001 St. Gallen
Telephone +41 71 222 60 30