Switzerland: The conciliation proceeding before filing a lawsuit
In Switzerland, a conciliation proceeding almost always precedes a lawsuit – request, hearing, authorization to sue.
In Switzerland, you cannot simply file a lawsuit: most civil lawsuits are mandatorily preceded by a conciliation proceeding (Art. 197 ZPO). The Litigation guide will lead you through this process step by step.
The procedure
- Conciliation request – You submit it to the competent conciliation authority, in writing or orally for the record (Art. 202 ZPO). Which authority is competent – for example a special conciliation body for tenancy or employment matters – is determined by each canton; if in doubt, ask the court of your canton.
- Conciliation hearing – the authority invites both sides and attempts to reach an agreement. You must appear in person (Art. 204 ZPO); if the defendant fails to appear, the authority proceeds as if no agreement had been reached (Art. 206 ZPO).
- Possible outcomes:
- Agreement/Settlement – the matter is resolved.
- Proposal for a decision (in certain disputes, Art. 210 ZPO) – it is considered accepted if no one rejects it within 20 days; no justification for the rejection is necessary (Art. 211 ZPO). Or a decision by the conciliation authority (up to CHF 2,000 upon request of the plaintiff, Art. 212 ZPO).
- Authorization to sue (Klagebewilligung) (Art. 209 ZPO) – if no agreement is reached. With this, you may file a lawsuit with the court within 3 months; for the rental and leasing of residential and business premises as well as agricultural leases, only within 30 days.
- Lawsuit – You file the lawsuit with the court and attach the authorization to sue. For amounts up to CHF 30,000, the simplified procedure applies (Art. 243 ZPO).
Good to know
In the simplified procedure, the court provides more assistance (social investigation maxim). You can find out the exact responsibilities and costs from your conciliation authority – do not rely on estimates.
This is general guidance, not legal advice. Different procedures apply in Germany and Austria.
Related topics: Filing a lawsuit yourself with AI support – the Litigation guide · How do I submit my pleading myself? · Settlement or continuing the dispute? How to decide · When to Choose a Lawyer Over AI?
Was this article helpful?
