Kernrechtsfrage
Whether the supplementary compensation of appointed counsel in conciliation proceedings must be calculated at CHF 230 or CHF 250 per hour.
Extrahierter Entscheid
In conciliation proceedings, the supplementary fee claim of appointed legal counsel is to be based in principle on the statutory minimum hourly rate of CHF 230, subject only to special cases requiring specialized counsel from the outset.
Extrahierte Begründung
The court emphasized the limited function of conciliation proceedings, the low formal requirements, the fact that the judge cannot decide the merits or issue a draft judgment on the filed claim, and that the party is only accompanied by counsel rather than represented. The same factors that may justify appointing counsel cannot again support a higher hourly rate; only exceptional cases justify deviation.