Mandatory Conciliation in Switzerland
Before approaching the court,conciliation is generally mandatory in Swiss civil law according to the CPC.
Last updated : 2026-04-20
Mandatory Preliminary Conciliation
Art. 197 CPC requires an attempt at conciliation before any civil action, except in certain cases (art. 198-199 CPC). The application is submitted to the conciliation authority of the defendant's domicile or the location of the property. The hearing is informal and confidential. If it fails, a permission to proceed (art. 209 CPC) is issued, valid for 3 months to file the action. In disputes up to 2,000 CHF, the authority may issue a proposed judgment (art. 210 CPC) or a decision (art. 212 CPC) up to 5,000 CHF if both parties request it.
Frequently Asked Questions
Is Conciliation Always Mandatory?
If in principle for civil proceedings (art. 197 CPC), with exceptions (summary procedure, interim measures, certain family disputes).
How long is the authorization to proceed valid?
Three months (art. 209 para. 3 CPC). If the action is not brought within this period, the authorization expires.
Can the reconciliation authority enforce an agreement?
No. The reconciliation is voluntary. However, it may issue a proposed judgment (Art. 210 CPC) for small claims disputes.
Editorial note
This article is provided for general information on Swiss law. It does not constitute legal advice and is no substitute for consulting a professional.
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