Topics: Mediation, LegalTech, Conflict Resolution
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In June 2024, Pascal Gemperli, a recognized mediator and founder of Gemperli Consulting Sàrl, shared his journey and experiences in the fields of mediation and LegalTech. His insights provided valuable perspectives and practical advice, especially for legal professionals in Switzerland.
Hello Pascal. Could you tell us about your journey from founding Gemperli Consulting to becoming a mediator recognized by Swiss cantonal courts and international bodies?
Since my engineering studies at the University of Applied Sciences in communication-engineering-management, I aspired to engage in development cooperation, a goal I achieved shortly after graduation. I worked for nearly two years in Morocco for SECO, followed by six months at the United Nations in Vienna, before joining a foundation in Geneva specializing in security sector reform and governance.
During my stay in Morocco, I complemented my studies with a distance MAS in peace and conflict studies from the University of Hagen in Germany. The module on mediation immediately captivated me:
"Oh yes, conflicts can be resolved amicably, and there is even a method for it! But what is the world waiting for? - Pascal Gemperli"
I admit, this reflection revealed the naivety of my youth, but it also marked the beginning of my career as a mediator. Upon returning to Switzerland, I trained according to the rules of the Swiss Federation of Mediation and started as an independent mediator in 2012. From there, it was a matter of building, integrating into networks, door-to-door efforts, learning to develop a business, and above all, showing perseverance.
In 2017, I founded my limited liability company (Sàrl) with my wife who joined me on this adventure. We structured the initial chaos, created processes, and began developing a real business.
Your skills in intercultural and executive coaching seem essential to your practice. How do these skills manifest concretely in your mediation sessions?
Coaching and mediation have many similarities in terms of posture and techniques. During my coach training in 2015, I found many familiar aspects, which enriched my mediation practice. However, there are two fundamental differences between the two disciplines: the relationship is trilateral in mediation and bilateral in coaching. Moreover, in coaching, the client comes with a specific goal, while in mediation, they come with a problem, particularly a conflict.
Since its inception in 2007, Gemperli Consulting has established a strong reputation. What are the key values and services that define your company's identity?
We are experts in ADR (alternative dispute resolution) and, for the past three years, in ODR (online dispute resolution) and LegalTech, particularly with the development of amiable.ch and the recent acquisition of easydivorce.ch, the latter being a world pioneer, created in 2007.
Our primary mission is to promote peace, resolve conflicts, and thereby simplify people's lives.
In founding ae-Centre, you clearly have a vision for peace in North Africa. Could you describe the specific objectives you had in mind and how you measure their impact?
We founded the ae-Centre on September 21, 2007, on the occasion of the International Day of Peace, in collaboration with Johan Galtung, a pioneer in peace studies as an academic discipline and a recognized international mediator. His theories strongly influenced my MAS at the University of Hagen. Initially, our NGO was named the Institute for Conflict Transformation and Peacebuilding (ICP), and we conducted projects in the Balkans, the Nagorno-Karabakh region, and Morocco, in addition to offering a CAS in mediation accredited by the University of Basel. In 2016, we chose to focus our efforts on the Maghreb, where we are currently leading mining mediation projects ("company-community mediation" between mining companies and local communities) and violence prevention projects in Morocco and Tunisia.
Originally, our organization was a kind of associative start-up. We began by organizing a conference personally with Johan Galtung, which was so successful that we decided to turn it into training. This initiative led to the accredited training by the University of Basel. Subsequently, we received requests from abroad, which we successfully submitted to our funders, marking a very organic evolution of our project.
In an evolving legal world, what is the role of mediation in the face of international litigation challenges and cultural barriers?
The most significant evolution in the legal field is undoubtedly that of LegalTech. The pressure on sector actors is intense: it is about doing more with less. The context is becoming increasingly complex while budgets are being reduced. Today, technology offers a solution to this problem, but there is a certain conservatism among traditional actors. However, over the next twenty years, the legal world will undergo more changes than in the last two hundred years.
LegalTech also presents another advantage, which we primarily focus on with amiable.ch and easydivorce.ch: it enhances access to justice. For many people, the legal world is perceived as inaccessible: too complex, too costly, too risky. LegalTech, especially when combined with alternative dispute resolution methods such as online dispute resolution, makes justice more accessible, justice in the moral sense of the term.
Regarding international litigation and cultural barriers, mediation also offers a huge advantage. For example, I am accredited to conduct mediations under The Hague procedures in cases of international child abduction. For the parties involved, it is a great relief to be able to transcend legal constraints and focus solely on their desires and needs. Once the solution is found, we formalize it so the judge can officially adopt it. The same goes for commercial disputes: if it is unclear which jurisdiction of which country applies, the situation can quickly become very complex. But more fundamentally, it is a matter of philosophy. By adopting a traditional legal approach, one places oneself in a logic of black and white, right or wrong, with a winner and a loser. Mediation, on the other hand, adopts a radically different approach.
As an experienced professional, what evolution do you foresee in alternative dispute resolution methods?
In an increasingly complex world, with increasingly overloaded courts and the lack of access to justice for many people (4 billion according to the OECD), alternative dispute resolution methods will undoubtedly continue to develop for the benefit of the parties involved. Just in Switzerland, over the past three years, we have witnessed the birth of a mediation law in Neuchâtel and another in Geneva, the extension of legal aid to include mediation in the canton of Vaud, as well as many other similar developments. We are witnessing a true turning point in this field.
For our readers considering a similar career, could you describe a typical day in your profession and what you find most rewarding?
A typical day for a mediator involves facing total blockages, situations where one thinks, "They will never get out of this impasse." There will be tears. It is in these moments that one must trust the process, remember that the proclaimed and opposed red lines can be moved or bypassed, and that ultimately, a solution will emerge that no one had thought of. There will be handshakes and sometimes hugs, that is the magic of mediation.
But above all, I would recommend your readers to check out our mediation training at www.formation-mediation.ch.
This article was translated by AI
