Ordinance on the Organisation and Management of Conciliation Authorities (Conciliation Authorities Ordinance, SBV) (Schlichtungsbehördenverordnung, SBV) - Subject Matter (SBV)

1. This regulation governs the organization and management of the conciliation authorities administratively affiliated with the regional courts.

2. The regulation of accounting, which is the subject of the ordinance on financial and accounting matters in the judicial sector, remains reserved.

1. The Superior Court shall determine the employment percentage of mediators for the next term of office prior to the renewal elections, upon request of the Regional Courts. The Regional Courts shall consult the current mediators beforehand.

2. The employment percentage of mediators also includes their efforts for acting as chairperson of the Conciliation Authority for rental matters.

3. The determination of the employment percentage is based on the average caseload of the previous four-year period and taking into account non-case-related efforts, specifically for judicial administration and informal interactions with those seeking justice. Additional peculiarities in the organization of mediation offices may also be considered.

4. In the event of extraordinary changes in the caseload, the Superior Court may approve an adjustment of the employment percentage even during the term of office.

1. The deputies are employed in cases of recusal or incapacity of the mediators.

2. They may also be deployed for other significant reasons, in particular to manage an above-average workload.

1. The Regional Court shall decide on the fundamental organizational structure of the conciliation authorities affiliated with it, specifically regarding the organization of clerical work and the provision of the necessary infrastructure.

2. It shall first consult with the mediator and regulate the details of the affiliation in an agreement, which must be submitted to the Higher Court for approval.

3. The agreement shall be concluded for the duration of each term of office. If a replacement election occurs during an ongoing term, a new agreement must be concluded.

1. The workload incurred for completing the office tasks of the conciliation authorities is taken into consideration when determining the total staffing requirements of the regional court office.

2. If the office tasks of the conciliation authorities are not carried out by the regional court office, the regional court may authorize the conciliator to employ their own staff for the respective partial capacity or transfer the management of the office to the conciliator.

3. If the employment of their own staff is envisaged for completing the office tasks of the conciliation authorities, the decision regarding staffing rests with the conciliator. The conciliator exercises the further rights and obligations arising from the public-law employment relationship. This is subject to the approval of the regional court for decisions in accordance with Article 18, Paragraphs 2 and 3 of the Ordinance on Financial and Accounting Affairs in the Judicial Sector.

4. Should the conciliator personally undertake the execution of the office tasks, they shall receive the same salary as would be paid upon employing a staff member.

5. If the conciliator engages in independent professional activity alongside their official duties, the management of the office of the conciliation authorities may be assigned to them under a contractual relationship. The fee is determined based on the accounting rate set by the Department of Finance and Municipalities for services provided by the cantonal administration to third parties, in the functional class relevant to the office.

1. If the conciliation authorities use their own facilities for negotiations and sessions as well as for their other official duties, the costs for providing these should generally not exceed those incurred when using the infrastructure of the Regional Court.

2. If a workspace is not provided to the mediator in the premises of the Regional Court, they can be granted appropriate compensation for the use of their private infrastructure. The same applies to the use of private infrastructure by the staff of the conciliation authorities.

3. If the mediator is awarded a fee for the administration of the offices of the conciliation authorities according to Article 5, paragraph 5, the use of private infrastructure is considered compensated.

1. When organizing the advisory service, the following framework conditions must generally be adhered to

a) telephone availability on at least two days per week, each for three hours;

b) possibility of electronic submission of documents relevant to the advisory activity;

c) possibility of a personal appearance of those seeking legal advice in justified cases (by appointment);

d) arrangement for representation in case of illness or vacation;

e) sufficient knowledge of the official languages of the respective conciliation authority.

1. If the advisory service is taken over by the chairperson of another conciliation authority, he or she shall generally receive compensation based on the recorded time expenditure. The hourly rate, including a supplement for the use of private infrastructure and telephone expenses, is

a) 112 Swiss francs including value-added tax when accounted for as self-employment;

b) 95 Swiss francs gross when accounted for as dependent employment.

2. Instead of compensation based on expenditure, a flat rate can be agreed upon for the provision of the advisory service by the chairperson of another conciliation authority. In this case, the regional court shall determine, after consulting its mediator and the chairperson of the other conciliation authority, the scope of the position, which serves as the basis for calculating the compensation according to the hourly rates in paragraph 1.

3. The agreement for the transfer of the advisory service must be submitted to the higher court for prior approval.

1. If the advisory service cannot be assigned to the chairperson of another conciliation authority for tenancy matters, the regional court, after hearing from the mediator, shall decide whether the advisory task will be commissioned for the duration of the term or if someone will be employed for this purpose.

2. In both cases, the professional suitability of the persons entrusted with the advisory service must be ensured. Members or employees of the regional court are excluded from performing the advisory service.

3. The terms of the commissioning or employment must be submitted to the higher court for prior approval. In the case of employment, Article 5 paragraph 3 applies mutatis mutandis.

1. The mediator conducts the mediation office and the arbitration authority for rental matters, oversees their operations, and represents both arbitration authorities externally.

2. He or she is responsible for the expedient handling of business matters.

3. He or she is also responsible for all tasks related to judicial administration, which, according to law, regulation, or agreement regarding administrative affiliation, fall under the competence of the arbitration authorities. Subject to a differing provision, notably in the regulation on financial and accounting affairs in the judicial sector, he or she is individually authorized to sign in matters of judicial administration.

4. If the mediator is unable to fulfill their duties, the deputy takes over the aforementioned tasks. This is subject to the designation of an extraordinary deputy according to Article 87, paragraph 2 of the Court Organization Act in case of an anticipated long-term impediment.

1. The conciliation authorities for tenancy matters shall report semi-annually to the High Court for the attention of the Federal Office for Housing in accordance with its guidelines regarding their activities (Art. 23 para. 1 VMWG).

2. Furthermore, the reporting by the mediation offices and the conciliation authorities for tenancy matters shall be conducted according to Article 110 of the Court Organization Act to the respective Regional Court; the High Court may issue directives in this regard.

1. Individuals who are engaged by a mediator for the completion of office work, the provision of advisory services, or the performance of any additional tasks, are subject to official secrecy pursuant to Article 15 of the Court Organization Act, regardless of the legal structure of the contractual relationship.

2. The mediator is obliged to inform the concerned individuals about the obligation of confidentiality and the consequences of its breach. They must, if necessary, take additional measures to ensure the preservation of official secrecy when using private infrastructure.

1. Mediation authorities that have employed a consultant at the time this regulation comes into effect may continue the employment relationship until its regular termination, but no later than December 31, 2028, without requiring proof of compliance with Article 91, Paragraph 2 of the Court Organization Act.