Court proceedings in family matters in Switzerland take place before the district court – the court of first instance. Cases are usually decided by a justice of the peace. They are based on amicable proceedings, which have a very deep tradition in the Swiss judiciary. During the proceedings, the court encourages the parties to conclude an agreement or settlement. However, it is possible in strictly defined cases, which do not include, for example, domestic violence, tormenting a family member, using threats against him or some alimony matters. The issues of jurisdiction of the adjudicating court are different than, for example, in Poland. The court hearing the case is the place of residence of one of the parties to the legal dispute, not the place of residence of the spouses.
The professor also points to mediation, which has been embedded in the Swiss system for several decades. In this country, they constitute an extremely important legal instrument that speeds up and streamlines proceedings. Mediation is offered by the Swiss Mediation Association.