Mercuris Legal

We undertake negotiations and can represent you or manage your disputes, in and out of court

Civil and arbitration courts

We will draft written submissions and argue on your behalf, helping you to assert your rights as an individual or the rights of your businesses in court or before arbitrators, whether you are the claimant or defendant, in both simple and complex cases, notably by filing a petition, claim, objection or appeal before the judicial or arbitration courts, or by filing replies and a statement of defence in the course of proceedings.

We are experienced in identifying all relevant issues in relation to debt collection proceedings, attachment and sequestration orders, bankruptcy or civil proceedings, and can devise a practical, effective strategy to persuade the court on the merits of your case or negotiating an acceptable settlement, depending on the circumstances.

We consider the financial cost of proceedings and provide our clients with comprehensive and transparent information in this regard.

Administrative authorities and courts

The technical nature of the fields governed by public law, the multiple interests at play, the numerous stakeholders (the Confederation, cantons, municipalities, public entities, offices, departments, etc.), the complexity of the factual circumstances and the unequal balance of power (individuals facing authorities and experts) mean that the involvement of a lawyer is not only useful, but generally essential.

We advise, assist and represent citizens and public authorities when a petition or claim is filed or when an application to set aside, review or appeal a decision is made, before the competent administrative or judicial authority.

In addition to undertaking this adversarial work, we are sometimes instructed to carry out administrative enquiries on an independent basis.

Criminal authorities and courts

Whether you wish to file a complaint in case you or your businesses have been victims of an offence, or you have been accused of committing an offence, we will represent you before the cantonal and federal criminal courts, and also submit any civil claims you wish to make (damages and non-material fault).

  • If you are the plaintiff: we can draft your complaint, assist and/or represent you during the phases of investigation and judgement, ensuring that the public prosecutor is aware of your specific interests, and incorporates them into its investigation when presenting the charges, or when the courts recognise you as a victim and allow your pecuniary claims.
  • If you are the offender: whether we have been officially appointed as lawyers or have been instructed by you, we will seek to establish a relationship of trust with you so that we can prepare and pursue a coherent, effective defence strategy, employing diplomacy, instruction, a combative approach and strength of conviction, as appropriate.

Alternative dispute resolution

Negotiations

In all cases where we represent clients, including cases where our clients' interests strongly conflict with those of their opponents, we always seek to achieve an overview of the matter so that a route to negotiation with our counterparts can be maintained as far as possible, thus guiding the parties towards settlement of their dispute.

Amicable settlements, mediation and collaborative law

As legal professionals and conflict practitioners, we can offer our assistance or provide mediation when individuals or businesses in dispute have a mutual wish to adopt a constructive, transparent and confidential approach to seeking a negotiated solution, which will have legal effect but is not made by the courts, and will undoubtedly save costs overall. We therefore act either:

  • As lawyer when we assist our clients in relation to a settlement which they have chosen to pursue out of court, or within the specific context of a mediation;
  • As mediator when the parties, who may or may not be represented by a lawyer, instruct us to play a central role in their dispute or negotiation on a neutral, impartial, confidential basis, to help them to agree and finalize a resolution to their dispute themselves;
  • As collaborative lawyer, when we are instructed, on the same basis as specially trained adversarial lawyers, to negotiate in good faith to achieve a sustainable agreement which complies with the law out of court and without any other form of mediation, within the framework of a collaborative process.

Once we have been instructed as mediator or entered into a collaborative process, we undertake not to represent either of the parties before the courts in the event of these steps being unsuccessful.