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mediation – ADR Alternative Dispute Resolution

Dispute prevention, Conflict management and resolution

mediation

In Switzerland, mediation will become mandatory in disputes relating to Asset Management and Financial Advice as set by the new Financial Acts FinIA and FinSA that will come into effect on January 1st 2020.

What’s new?

Switzerland often successfully acts as Mediator in settlements of international conflicts. However, the use of out-of-court procedures is also encouraged for the resolution of civil law disputes between private parties. Priority is given to the peaceful settlement of disputes since the solutions found in a negotiated transaction are more viable and cost efficient as they take into account all circumstances of the conflict and not only its legal and procedural sides.

A unique opportunity

The legislator demands that any Mediator selected to be on the list of the Mediation Organism must possess not only an accreditation as a Mediator, but also a high level of professional expertise in money management and financial matters.

According to the definition of the Mediation Directives of the Swiss Bar Association adopted in 2005, mediation is an out-of-court procedure of dispute resolution where one or several independent and impartial third parties (mediators) help the parties to a conflict to settle it peacefully through negotiations.

Mediation is and will remain a voluntary process

The Swiss Rules of Mediation adopted by SCAI (the Swiss Chambers of Commerce and Industry) in April 2007 and revised in July 2019 define mediation as an alternative method of dispute resolution whereby two or more parties ask a neutral third party, the mediator, to assist them in settling a dispute or in avoiding future conflicts.

Compared to the 2007 Swiss Mediation Rules, the revised Swiss Rules of Mediation provides 4 main features:

  • A simplified procedure for designation of a mediator in certain types of cases, art. 5;
  • Provision of a Certificate of Mediation, art. 16(5);
  • Certification and authentication of Settlement Agreements, arts. 17(2) and 17(3); and
  • Creation of an Advisory Council for Mediation art. 24(4).

“Mediation is a method of dispute resolution whereby the parties attempt to reach an amicable settlement of their dispute or avoid future conflicts with the assistance of a neutral third party, the mediator.  The mediator facilitates the exchange of information and perspectives between the parties and encourages them to explore solutions that meet their needs and interests. Unless required by the parties, the mediator refrains from offering his or her own views (as would an expert), or from making proposals (as would a conciliator).” and unlike an arbitrator, he or she does not render an award.

Therefore mediation is conducted in order to help the parties to choose their own solution acceptable for all of them and avoiding a solution imposed from the outside, as mediators help the parties to restore a constructive dialog.

The basic principles applicable to mediation are: (1) voluntary participation in the procedure and the possibility to discontinue it at any time; (2) neutrality and independence of the mediator; (3) qualification of the mediator and (4) confidentiality of the procedure and of the representations.

Mediation is a quick and efficient dispute resolution method, inexpensive in comparison with court and arbitration proceedings. It allows the parties to settle their conflict to their mutual satisfaction with the assistance of an independent third party, and to preserve their relationship for the long-term prospective. Practice shows that use of mediation in resolution of commercial conflicts between the representatives of different countries and cultures brings very good results (the statistics worldwide usually show a positive result of 80%).

Mediator Portrait

Fit & Proper (Anti Money Law / LBA Art.14 let.c.)

mediation

Daniel GLASNER is an Accredited Mediator by Centre for Effective Dispute Resolution, CEDR and by the Swiss Chamber of Commercial Mediation “SCCM”. He completed the Advanced Mediation Skills Course of Edwards Mediation Academy, California.

Dispute prevention, Conflict management and resolution

He specializes in mediating financial disputes in the areas of wealth management notably in financial investment advisory and in discretionary portfolio management, as well as in Foreign Exchange performed by Private and Commercial Banks, Asset Managers and by Independent Financial Advisors.

From a multicultural family origin, having been raised, lived and worked in 3 continents, this background allows Daniel Glasner to establish straightforwardly a rapport with a diversity of people from various roots. He speaks fluently French, English and Spanish, and at very ease with Italian and German. He holds a Degree of Master of Sciences, HEC and a Degree of Master of Arts, Political Sciences, both completed at the University of Lausanne, Switzerland.

Banking, Financial and Asset Management expertise

Daniel Glasner is the Founder and Managing Director of Action Finance SA, established in 2004 in Geneva.  Action Finance has assisted clients in setting up, managing and growing their wealth management business. Among other, he is responsible for legal and regulatory compliance, including all aspects of money laundering. He is an AML Compliance Officer and a Risk Manager (customer classification, information provided to the customer, suitability, and appropriateness of investments with the customer’s profile). Since its inception, Action Finance is authorized & licensed by FINMA the Swiss Financial Market Supervisory Authority to distribute collective investments to private, professional and institutional clients.

Daniel Glasner has combined a nearly 40 year career starting as a broker in in Chicago in the financial futures and options markets, then setting up a Market Making operation in options on foreign exchange in Basel for a major Swiss Bank, thereafter as an Executive Member of the Board and Advisor to the Investment Committee of a Securities Dealer with several subsidiaries in Switzerland, ultimately as the CEO in a demanding turnaround situation of an Independent Financial Advisor in Geneva who was granted under his leadership a Securities Dealer license and then a Swiss Banking license, and lastly as Founder of an Independent Financial Advisor and a Mutual Fund Distributor.

He is a regular writer, speaker and moderator of financial and regulatory events, including being on panels.

Among tasks performed:

  • Act as an Expert Financial Evaluator, nominated by a preliminary investigation judge (former 1st public Federal Prosecutor) to assist him about a suspicion of an insider trading case involving Clariant and Hoechst, which was reported by the Swiss Securities Exchange.
  • Audit and assess how competently banks or Independent Financial Advisor have managed the portfolio of clients (such as in the Bernard L. Madoff case) and to calculate the damage suffered.
  • Contact the defendant party to try finding a negotiated settlement agreement.
  • Advise attorneys on foreign exchange technical matters arising from the unexpected Swiss National Bank decision on 15 January 2015 to discontinue the support of the euro at EUR/CHF 1.20 rate.

Mediation style and approach

Daniel Glasner’ outgoingness, combined with a good conversational manner and a nice touch of humor allows the parties space to speak openly which gives rise to them to naturally disclose to him additional information at an early stage of the mediation process.

His style is commercially direct, with the ability to rigorously reality test the positions, needs, concerns and interests of the parties. He is dynamically seeking that both parties negotiate their best deal.

Practice areas

Asset Management, Banking, Brokerage, Financial Advisory, Foreign Exchange, Fund Distribution, Futures & Options, Professional Financial Liability Insurance, Mortgages, Mutual Funds – ETF, Portfolio Management, Structured Products, Private Equity, Securities Dealing, Inheritance, Wealth Management, notably in financial investment advisory and in discretionary portfolio management (in traditional bonds & shares as well as in Hedge Funds).

Professional Memberships

  • Swiss Chamber of Commercial Mediation “SCCM”, skwm.ch
  • Honorary Member and Former President (2008-2010) of the Swiss Association of Independent Financial AdvisorsGSCGI”; Member of the Professional Liability Insurance Commission, Member of the Communication and Public Relations Commission. GSCGI’s Code of Conduct is recognized by FINMA), gscgi.ch
  • Groupement des Compliance Officers de Suisse Romande et du Tessin, “GCO”, an association of more than 180 Professional Compliance Officers; Member of the Asset Management and Securities Dealing Group, gco-association.ch
  • Former Secretary General and Member of the Executive Committee, CIFA, Convention of Independent Financial Advisors, (A non for profit Foundation, a Non-Governmental Organization “NGO”, in general consultative status with the Economic and Social Council of the United Nations ”ECOSOC”, cifango.org