An amicable valuation is an expert assessment of the value of a business, business assets or shares conducted by mutual agreement between parties outside any contentious judicial proceeding, to resolve a valuation disagreement or prevent litigation. It constitutes a rapid, confidential and less costly alternative to judicial expertise, applicable in many contexts: share transfers between partners, family transmission, amicable divorce, buyout price determination in shareholders' agreements, or independent validation of a negotiated price.

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The amicable expert may be jointly appointed by the parties or selected by one with the other's acceptance. They may also be appointed by an institutional third party (chamber of commerce, Swiss valuation association, mediation centre) to guarantee impartiality. The mission is defined by an engagement letter specifying the valuation object, reference date, methods to be used and accessible information.

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In French law, article 1592 of the Civil Code provides that price may be fixed by a third party — whose valuation is binding on the parties if agreed in advance. In Swiss law, article 33 CO consecrates the possibility of delegating price determination to a third party whose determination binds the contracting parties. In both cases, the amicable valuation has contractually binding value once accepted as the price-fixing mechanism in the contract or shareholders' agreement.

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The advantages of amicable valuation are multiple: speed (4 to 8 weeks vs 6 to 18 months for judicial expertise), significantly lower cost, preserved confidentiality, and maintenance of the relationship between parties — particularly valuable in family contexts or between partners who will continue working together.

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Example: two equal shareholders of a Vaud SME wish one to buy out the other. They jointly commission Hectelion for an amicable valuation, with an independent expert mandate. The valuation is delivered in 5 weeks, applying the Swiss practitioners' method and a DCF cross-check. The parties accept the CHF 6.8 million value and sign the transfer without legal proceedings.

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At Hectelion, we conduct rapid, objective and documented amicable valuations for partner share transfers, family transmissions and amicable resolution of Franco-Swiss valuation disagreements.