On the other hand, labor disputes often result in judicial or extrajudicial settlements.
Under the new Swiss Code on Civil Procedure (ZPO) as in force since 1 January 2011 such mutual settlements are likely to gain importance since the ZPO provides for mandatory conciliatory proceedings in most cases and further foresees that the suitor may be obliged to advance the presumable court costs, which undoubtedly means an additional threshold for claim submissions. Moreover, the parties may newly mutually request for a mediation process or the court may recommend such mediation process to them.
German and French versions of the publication entitled "Chancen und Risiken rechtlicher Neuerungen 2011/12" may be ordered from Schulthess Verlag.
Publication in German.
