Legal Insights & Current Topics

Conciliation Procedure in Switzerland: Process, Costs and When You Can File a Claim

Conciliation before Litigation

Anyone who wishes to enforce a claim in court in Switzerland cannot, in most cases, file a claim directly. The law provides that a conciliation procedure must first be conducted. Only after this step will you receive the so-called authorisation to proceed, which is a prerequisite for filing a claim with the court.

The purpose of this system is to resolve disputes as early as possible, cost-effectively and without complex court proceedings.

When is the Conciliation Procedure not required?

There are statutory exceptions where no conciliation procedure is required. For private individuals, the following are particularly relevant:

  • divorce proceedings 
  • debt enforcement proceedings for the removal of objections 
  • certain summary proceedings (e.g. interim measures) 
  • disputes with a high amount in dispute (over CHF 100,000, if both parties waive the procedure) 

These exceptions should always be assessed on a case-by-case basis.

What is a Conciliation Procedure?

The conciliation procedure is a simplified procedure in which a neutral third party, the conciliation authority, attempts to mediate between the parties. Unlike in court, the focus is not on a judgment but on reaching an amicable settlement.

The advantages:

  • faster resolution 
  • lower costs 
  • fewer formalities 
  • often less conflict 

What does a Conciliation Procedure cost?

The costs of a conciliation procedure are regulated at cantonal level and primarily depend on the amount in dispute. As a general rule:The higher the amount in dispute, the higher the fees. In certain cases, however, the procedure is free of charge, in particular in employment disputes up to CHF 30,000 and in tenancy disputes.

In addition, cantonal regulations may provide for fee exemptions or reduced costs.

Example: Costs in the Canton of Zurich

In the Canton of Zurich, the fees are based on the cantonal fee ordinance and the amount in dispute. The conciliation authorities charge comparatively moderate fees.

Amount in dispute (CHF)Fees (CHF)
up to 1,00065 to 250
up to 10,000250 to 420
up to 100,000420 to 615
above 100,000615 to 1,240
  

For higher amounts in dispute, the fees increase accordingly.

Important: These figures are indicative and may vary depending on the procedure and the complexity of the case. The statutory exemptions (especially in employment and tenancy law) remain unaffected.

Procedure of the Conciliation Proceedings

The procedure begins with a request for conciliation, which is filed with the competent conciliation authority. The parties are then invited to a hearing.

The hearing is deliberately informal. The parties present their positions, and the conciliation authority attempts to reach an agreement.

A key element is confidentiality: statements made during the conciliation procedure generally cannot be used later in court proceedings. This is intended to allow open discussion.

What happens if a party does not appear?

Failure to appear has consequences:

  • if the claimant does not appear, the request is deemed withdrawn 
  • if the respondent does not appear, the authorisation to proceed is usually granted 

Do I have to reach a settlement?

No. There is no obligation to accept a settlement. If no agreement is reached, you will receive the authorisation to proceed and can continue the dispute before the court.

Can the Conciliation Authority issue a decision?

Yes, but only in exceptional cases.

In disputes up to CHF 2,000, the conciliation authority may, upon request, issue a decision. This can be useful where the legal situation is clear, and a quick resolution is desired.

How long do I have to file a claim?

After completion of the conciliation procedure, you will receive the authorisation to proceed if no agreement has been reached. From that point, you have three months to file your claim with the court.

Special Conciliation Procedures

Employment Law

In employment law, the procedure is particularly accessible:

  • free of charge up to CHF 30,000 
  • fast proceedings 
  • practical solutions and often an early assessment of the prospects of success if no settlement is reached.

Tenancy Law

In tenancy law, specialised conciliation authorities exist:

  • equal representation (tenants/landlords) 
  • free of charge 

Conclusion

The conciliation procedure is a central element of the Swiss legal system. It offers an efficient way to resolve disputes without court proceedings. 

Anyone seeking to enforce their rights should not view the procedure as an obstacle, but as an opportunity. Disputes can often be resolved more quickly and cost-effectively. In addition, the costs are relatively low compared to court proceedings, making this first step manageable from a financial perspective.

Templates for your Request for Conciliation

To initiate a conciliation procedure, you need a properly drafted request. Nomadlaw provides templates in German and Thai without guarantee.

Important: The template must be completed in the official language of the competent court. The Thai version serves for understanding only.

Available templates:

  • Template for general claims 
  • Template for employment claims 

If you require assistance, you can contact us via the enquiry form. Support in litigation is subject to fees.