Glossaire

Mediation

Mediation is an assisted dispute resolution process in which a neutral and independent third party (the mediator) facilitates communication between parties to help them reach a mutually acceptable solution, without imposing a decision. It differs from arbitration (where the arbitrator decides) and judicial proceedings. In M&A, mediation resolves shareholder disputes on valuation, post-closing completion accounts disagreements and earn-out disputes. It is faster, confidential and preserves commercial relationships.

Example: two shareholders of a Franco-Swiss joint venture disagree on the buyout price of a 40% stake — one values the company at CHF 12.0 million, the other at CHF 18.0 million. Rather than opening arbitration proceedings (18–24 months, CHF 200,000+ fees), the parties agree to mediation. Over 6 sessions in 3 months, a settlement is reached at CHF 14.5 million — saving time, cost and preserving the commercial relationship between the two groups.

Hectelion experts intervene in financial mediations to provide the independent technical analysis needed to bridge valuation gaps and facilitate settlement.

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