Crans-Montana: Seeking Out-of-Court Settlement to Avoid 15-Year Legal Battle
Laurent Kurth, a former state councilor from Neuchâtel, is attempting to broker a complex agreement between the victims of the Crans-Montana tragedy and those responsible for damages. Appointed by the Federal Council in late April to lead the “Table ronde pour Crans-Montana,” Kurth aims to secure an extra-judicial settlement to prevent protracted legal battles.
The primary objective of the roundtable is to encourage victims, their relatives and those called upon to repair the damage to reach an agreement outside of the court system. Kurth noted that without such an accord, civil proceedings could potentially last for 15 years.
While acknowledging that failure remains an option, Kurth expressed confidence in the process. He stated his hope that a convention or a potential short-term result could be established within two years.
A Multilateral Approach to Resolution
The roundtable consists of a diverse group of stakeholders, including representatives from the Federal Office of Justice and the Federal Office of Social Insurance. Local government is also represented by the Canton of Valais and the commune of Crans-Montana, alongside various lawyers for the defendants and victims.
Kurth specified that he has not yet established contact with the lawyers representing the Moretti couple.
Financial Stakes and Indemnities
The financial implications of the tragedy are substantial, with total indemnities potentially reaching several hundreds of millions of francs. Recent requests from lawyers have included sums of 8.2 million and 56 million francs.
Kurth explained that such high figures are not “lunar” in specific cases. For instance, a victim under the age of 20 who is completely unable to work and requires lifelong care could see damages reach several million francs.
The central uncertainty remains whether the available means will be sufficient to honour these cumulative claims.
Mediation and Legal Boundaries
Kurth emphasized that the roundtable functions as a process parallel to criminal justice work. Its purpose is to address financial questions, provide recognition of the tragedy, and demonstrate empathy.
To facilitate this, strict mediation rules are in place, specifically regarding the confidentiality of debates. Kurth confirmed that nothing exchanged during these sessions can be used within the framework of judicial proceedings.
From a political standpoint, Kurth dismissed the idea that the roundtable was a response to criticisms from Italy. Instead, he stated the initiative reflects a desire to avoid clogging the justice system and to prevent any form of inequity in how victims are treated.
Future Outlook
If the mediation is successful, the parties could reach a formal convention within the next two years. However, if an agreement cannot be reached, the process may lead back to the civil courts, where litigation could potentially span over a decade.
Frequently Asked Questions
What is the main goal of the Crans-Montana roundtable?
The goal is to encourage victims, relatives, and responsible parties to find an extra-judicial agreement to avoid civil procedures that could last 15 years.
Who is participating in the roundtable?
Participants include representatives from the Federal Office of Justice, the Federal Office of Social Insurance, the Canton of Valais, the commune of Crans-Montana, and lawyers for the victims and defendants.
Can the discussions at the roundtable be used in court?
No. The process follows mediation rules, meaning the debates are confidential and cannot be used in judicial proceedings.
Do you believe out-of-court settlements are a fair alternative to long-term judicial proceedings in tragedies of this scale?