Our Services

Mediation: Getting Your Project Back on Track

When a project faces serious setbacks, and tensions are running high, mediation offers a way to find common ground and move forward. Instead of letting conflicts escalate, mediation helps you take control and reach a solution that works for everyone involved.

At ITDR, our mediators guide you through a structured negotiation, focusing on practical outcomes that keep your business relationships intact and your project moving. Whether it’s managing shared risks, avoiding public disputes, or just getting things done, mediation offers a confidential and collaborative space to find the best way forward.

Why Choose Mediation?

• Quick and Cost-Effective: Mediation can deliver results in weeks, helping you avoid prolonged uncertainty and high legal costs.

• You Stay in Control: Unlike legal rulings, mediation empowers you to shape the solution, ensuring it aligns with your interests.

• Proven Success: With a 92% success rate, ITDR’s mediation process consistently helps resolve even the toughest ICT conflicts.

How It Works:

Simply start with an application, and we’ll help you navigate from there.

The request can be submitted by just one of the parties, but it is also possible for the parties involved in the dispute to submit a joint request. The request can be recorded in a basic letter. You will find a template below to help you in compiling an application. This model is for an application for ICT mediation submitted by one of the parties to the dispute.

When is Mediation the Right Choice?

Mediation works best when both parties are open to finding a solution together and want to preserve their relationship. It’s ideal for conflicts where communication is the main issue, rather than deeply opposed interests, and when a legal battle isn’t the preferred route. If a quick, cost-effective, and confidential resolution is the goal, mediation offers a space to address the root of the conflict and create lasting agreements. It also works well when the parties value staying in control of the outcome and prefer pragmatic, creative solutions to move forward.

When is Mediation Not the Right Choice?

Mediation may not be suitable when one party refuses to compromise or is fixated on being right. If there’s a need for a public court decision, an enforceable order, or if the conflict has escalated to the point of retaliation, other legal routes might be necessary. Additionally, mediation isn’t effective if one party holds too much power over the other, making negotiations unequal, or if there’s an interest in delaying the resolution.

Arbitration: Specialized and Efficient Conflict Resolution

Arbitration is a legally recognized process where private arbitrators make a binding decision based on formal legal procedures. The key benefit of arbitration is the specialized expertise of the arbitrators. At ITDR, arbitration panels consist of experienced legal and ICT experts, ensuring informed rulings in IT-specific disputes.

An arbitration ruling holds the same legal authority as a court judgment and is enforceable. ITDR offers fast and flexible arbitration, often completing cases within three to four weeks. In urgent situations, decisions can be made within days through summary proceedings, which address pressing issues quickly without disrupting project progress.

Arbitration through ITDR requires a written agreement between the parties, known as an arbitration agreement, which specifies that disputes will be resolved by ITDR.

When is Arbitration the Right Choice?

Arbitration is ideal when both parties need a binding and enforceable decision, such as ensuring contract compliance, securing reasonable compensation, or resolving issues that require technical industry knowledge. It’s also suitable when parties have clear evidence to support their claims and want a private, confidential process without the lengthy delays of court proceedings.

However, arbitration may not be appropriate if parties want the option to appeal, prefer a less formal approach, seek a public ruling for establishing legal precedence, or are dealing with undisputed financial claims.

An expert report is a report by an independent expert (usually an ICT specialist) that gives answers to questions posed by the judge(s), arbitrators or directly by the parties involved. In the latter case, this is usually because the parties involved want a joint picture of how an external expert views their conflict before taking legal action.

There is a distinction between an expert engaged by a party and an independent expert appointed jointly by both parties (or the court or the arbitrators). As ITDR aims to operate exclusively from a neutral and independent position, such reports will always constitute an independent opinion on the case being submitted. Given its status, ITDR will never serve as an expert for one specific party; it will only provide expert reports on the orders of all parties involved, doing so in accordance with the ITDR Rules of Procedure for expert reports.

At the request of the courts, arbitrators or parties involved, ITDR will act as an intermediary in finding an expert. In expert reports for the courts, the expert will focus on those questions that the court has formulated for the specific case.

Defusing Data Conflicts, Minimizing Risks, and Creating Value

In the fast-moving digital world, where data plays a central role, tensions can quickly escalate, putting projects, relationships, or your reputation at risk. ITDR specializes in defusing these situations and preventing conflicts related to data protection, security, and governance before they escalate into costly legal battles.

What sets us apart is our interdisciplinary team of corporate legal counsels, experienced attorneys, and technical IT experts. This unique combination enables us to resolve even complex data challenges effectively and practically.

Facing ethical questions around AI and privacy practices?

Using personal data in AI or new product applications can encounter differing perspectives from IT, management, and stakeholders that can cause tensions. ITDR provides a neutral space to resolve these dilemmas and develop solutions that promote both innovation and transparency.

Struggling with differing international data regulations and compliance requirements?

Navigating these complexities can be challenging, especially with varying legal standards. ITDR specializes in facilitating cross-border data disputes, helping parties align their approaches to ensure compliance with various data protection and security standards. Our team of experts provides clarity in complex legal frameworks, ensuring that international data projects remain compliant and relationships stay intact.

Facing challenges in establishing strong data governance frameworks?

Clear data governance is essential—not only for legal compliance but also as the foundation for decision-making and value creation from data. However, company culture and the challenges of transformation can often slow down or even block the establishment of these structures. At ITDR, we help you overcome these obstacles, creating frameworks that align your interests with those of your partners and build a collaborative, secure environment.

Struggling with implementing complex regulations like the GDPR or the revised Swiss Data Protection Act? 

Conflicts often arise between legal, IT, and business priorities. ITDR mediates between these departments to ensure effective, compliant implementation while minimizing risks.