Mandatory conciliation in Switzerland: 2025 reform strengthens the model

Building on these results, the Swiss legislature has introduced a targeted reform aimed at further enhancing the effectiveness of this instrument. The revision of the Swiss Code of Civil Procedure, effective 01 January 2025, includes a set of practical adjustments intended to strengthen the role and functioning of the conciliation phase.

Among the most significant new measures is the introduction of a provision allowing a disciplinary fine of up to CHF 1,000 to be imposed on a defaulting party. Previously, no concrete sanctions existed to deter tactical absences, which often undermined the intended function of the conciliation phase.

At the same time, the reform facilitates party participation while upholding the principle of mandatory personal appearance. In particular, conciliation hearings may now be conducted via videoconference, provided both parties give their consent. This development is part of the broader digitalisation of justice and may significantly reduce costs and delays, while promoting more effective access to the conciliation process.

Another amendment concerns multiparty proceedings – it is now sufficient for only one party to appear, provided that person holds a valid power of attorney authorising them to represent and settle on behalf of the others. This solution is particularly useful in collective proceedings, such as those involving multiple co-owners, where the personal attendance of all parties is often impractical.

Finally, the reform expands the conciliation authority’s ability to submit a proposed decision directly to the parties. The amount in dispute up to which such proposals may be submitted has been increased from CHF 5,000 to CHF 10,000, allowing this instrument to be applied to a greater number of low-value financial disputes. The authority’s power to issue a binding decision upon the claimant’s request in cases where the amount in dispute does not exceed CHF 2,000 remains unchanged.

In conclusion, the 2025 reform strengthens the role of mandatory conciliation as a key preliminary phase of civil proceedings in Switzerland, aiming to encourage early agreement between the parties and ease the burden on ordinary courts.

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Samanta Crivelli, Associate at Bratschi AG, is primarily active in civil litigation. Her main areas of practice include labour law, contract law and corporate law.