Mandatory conciliation before a civil lawsuit
The principle of prior conciliation
For most civil disputes, the CCP requires a conciliation attempt before the competent conciliation authority before the court can be approached (art. 197 CCP). This step aims to encourage an amicable settlement of the dispute before initiating often longer and more costly court proceedings.
How the conciliation hearing unfolds
The conciliation hearing takes place before the conciliation authority, with the parties present, who may be accompanied by a lawyer. The authority tries to bring the parties' positions closer together and, in certain cases and with the parties' agreement, can rule on the dispute itself if its amount in dispute does not exceed a certain threshold.
Authorisation to proceed
If no agreement is reached, the conciliation authority issues an authorisation to proceed, which allows the plaintiff to bring the dispute before the competent court within the deadline set by law. Without this authorisation, an action filed directly with the court is in principle inadmissible.
Exceptions to the conciliation requirement
Art. 198 CCP provides exceptions where prior conciliation is not required, in particular for certain summary proceedings, certain disputes subject to a single cantonal instance, or when the parties jointly waive conciliation in property disputes with a sufficiently high amount in dispute.
Frequently asked questions
Can I go directly to court without going through conciliation?
In principle no for most civil disputes: an authorisation to proceed issued by the conciliation authority is required, except in the exceptional cases provided by art. 198 CCP.
Can the conciliation authority rule on the substance of the dispute itself?
In certain cases yes, with the parties' agreement and if the amount in dispute does not exceed the threshold set by law, the conciliation authority can rule itself rather than referring the matter to court.
What happens if no agreement is reached in conciliation?
The conciliation authority issues an authorisation to proceed, which allows the dispute to be brought before the competent court within the deadline set by law.