Arbitration authority

The arbitration authority , Italian autorità di conciliazione , French autorité de conciliation , Rhaeto-Romanic autoritad da mediaziun , is an authority for the settlement of disputes by way of arbitration according to the civil procedure law of Switzerland ( Art. 197 ff. ZPO ).

A distinction must be made between the general arbitration authorities and the equal arbitration authorities in rental and lease matters as well as disputes under the Equal Opportunities Act . Exceptions to the fundamentally obligatory arbitration procedure can be found in Art. 198 and Art. 199 ZPO.

In the Swiss Criminal Procedure against adults no arbitration procedure is provided in the youth criminal but the mediation by an appropriate organization or person ( Article 17. JStPO;. Cf. victim-compensation ).

Arbitration

The arbitration authority tries to reconcile the parties in an informal negotiation. The limitation period is interrupted by the arbitration request ( Art. 135 OR ). If an agreement is reached, the arbitration authority will record a settlement , an acknowledgment of the claim or an unconditional withdrawal of the claim . If no agreement is reached, the conciliation authority records this in the minutes and grants authorization to take legal action. In certain matters, such as property disputes up to a value in dispute of CHF 5,000, the arbitration authority can propose a judgment to the parties. In property disputes up to a value in dispute of CHF 2,000, the arbitration authority can also decide directly.

General arbitration authorities in the cantons

Canton	Arbitration authority	Legal sources
AG	Justice of the Peace ( approx. 60 in 17 districts)	GOG (SAR 155.200) , Regl. (SAR 155.612)
AR	Mediation offices (3 at mediation office level )	JG (bGS 145.31)
AI	Mediator (6 at district level )	GOG (GS 173,000) , EG ZPO (GS 270,000)
BL	Justice of the Peace (30 in 15 circles of justice of the peace)	GOG (SGS 170) , EG ZPO (SGS 221)
BS	in-court arbitration	GOG (SG 154.100)
BE	Regional arbitration authorities (4 at judicial region level)	GSOG (BSG 161.1) , EG ZSJ (BSG 271.1)
FR	in-court arbitration	JG (SGF 130.1)
GE	in-court arbitration	LOJ (RS E 2 05)
GL	Cantonal arbitration authority (with 10 members)	GOG (GS III A / 2)
GR	Mediation offices (11 at regional level )	GOG (BR 173.000) , EGzZPO (BR 320.100)
JU	in-court arbitration	LOJ (RSJU 181.1) , LiCPC (RSJU 271.1)
LU	Justice of the Peace (4 at judicial district level)	JusG (SRL 260)
NE	in-court arbitration	OJN (RSN 161.1)
NW	Arbitration authority	GerG (NG 261.1)
OW	Arbitration authority	GOG (GDB 134.1)
SH	Justice of the Peace (with three to four justices of the peace)	JG (SHR 173.200)
SZ	Mediation offices (30 at community level )	JG (SRSZ 231.110)
SO	partly justice of the peace ( approx. 100 at community level ), partly in-court arbitration	GO (BGS 125.12)
SG	Placement offices ( 12 in 7 jurisdictions)	GerG (sGS 941.1) , SchlBehV (sGS 941.112)
TI	partly justice of the peace ( 38 at district level ), partly in-court arbitration	LOG (RL 177.100) , LACPC (RL 270.100)
TG	Justice of the Peace (5 at district level )	ZSRG (RB 271.1)
UR	Arbitration authority	GOG (RB 2.3221)
VD	in-court arbitration	LOJV (RSV 173.01) , CDPJ (RSV 211.02)
VS	Community judges ( 126 at community level )	RPflG (SGS 173.1) , EGZPO (SGS 270.1)
ZG	Justice of the Peace (11 at community level )	GOG (BGS 161.1)
ZH	Justice of the Peace ( approx. 167 at community level )	GOG (LS 211.1)

As a rule, the justices of the peace are lay people elected by the people in a secondary position. In French-speaking Switzerland there are also justices of the peace, but they act as regular judges, in inheritance matters and as child and adult protection authorities .

history

During the Helvetic Republic the office of Justice of the Peace was introduced in Switzerland by the French . In mediation , the office was only held in the new cantons of Aargau, Thurgau, St. Gallen, Ticino and Vaud, but Zurich, Freiburg and Solothurn followed as early as 1803 with the rapid reintroduction. The arbitration authority introduced the new civil procedure code nationwide in 2011.

literature

• Isaak Meier, Sarah Scheiwiller: Success of the arbitration and judgment proposal procedure according to the new ZPO . In: Zeitschrift für Schweizerisches Recht (ZSR) , Vol. 133 (2014), pp. 155–196
• Christof Schwenkel: Confidence in alternative dispute resolution: experience from Switzerland . In: International journal for court administration , Vol. 6, No. 1, 2014 ( justizforschung.ch )
• Ders .: The influence of cantonal justice systems on the population's trust in the courts . 2016, limited preview in Google Book Search
• Daniel Kettiger: Is the arbitration authority in the canton of Bern a model for success? . In: Justice - Justiz - Giustizia , 2014/3 ( justizforschung.ch )

See also

• Arbitration Office in Germany
• Local authority agency in Austria

Individual evidence

1. ↑ zivilgerichte.ch under remarks
2. ↑ Peter Steiner in HLS , Justice of the Peace (2007)