How the date of a hearing is fixed

Many courts just issue summons to a hearing at a date of their choice. If this date does not suit you, bad luck. It’s sink or swim. And if sinking is no option, you should really have very good reason to request postponement.

But there is also a Swiss consensus-oriented way to fix a date for the hearing. It goes like this:

When time is ripe for the hearing, the FPC proposes five dates. Actually, you are invited to fill out a Doodle® scheduling request. (No, you don’t see which dates have already been selected by the other party.) Both parties are required to select at least three dates, and preferences can be indicated. This way, there will necessarily be at least one common denominator.

And if one doesn’t accept at least three dates? There still can be a lucky match. But don’t be tempted to decline dates just for convenience. If you do not accept at least three of the proposed dates and there is a mismatch for this reason, this could actually backfire: The President will then fix the date of the hearing in favor of the party who had accepted more dates.

Reported by Martin WILMING


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