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Old 10.07.2021, 18:10
doropfiz doropfiz is offline
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Re: Who pays for a Schlichtungsverfahren

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Of course the other significant consideration pertaining to a slow court process, is any financial loss or loss of opportunity waiting for the court might result in, and whether the aftermath of that would be worth any perceived win (I think everyone loses in conflicts to different degrees).
I agree with you that most conflicts, unless they are completely clear with no doubt about the situation, and even in that case unless the other party can be brought to understand why they are wholly in the wrong, very often end up causing damage and loss to both parties. Worse, since realistically, very rarely is any case so absolute. Landlords and tenants may very well have good reason to complain about each others' behaviour or payments, and this is especially so once they're both annoyed, and forget to even try to find the will to cooperate.

For this reason, some conflicts are, in my opinion, worth walking away from, and cutting one's losses.

On the other hand, I also have a friend who will quibble with the supermarket cashier if the 50% sticker on his yoghurt won't register on her till and he's told to pay the full 70 Rappen. And he genuinely feels much better when she gets her supervisor who manually overrides the till's programming and gives him back his 35 Rappen. I knew a divorced couple who were still fighting each other in court about maintenance payments for their children by the time these children had grown up and made them grandparents. I can't be dealing with life like that. Each person has to know their own limits, of course, and assess how much effort they're willing to make, and how much time and money they're prepared to spend on their quest to be proved right (if that is, in fact, possible), and what the other kind of loss will mean to them, for example the bad feeling of not having stood up for oneself and spoken out what was true and right.

Specifically in Switzerland, as opposed to some other countries, it's worth knowing that the losses for which one can sue are almost always only the real, factual money that one didn't get and was due, or had to spend extra because of someone else's failing, and in many cases even these amounts have guidelines. The Swiss system doesn't generally award large sums for compensation on an emotional or psychological level, so hardly ever will any party be made to pay to make up for "pain and suffering" or "loss of dignity" or "inconvenience". Just the actual bills related to the actual matter.
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