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Some of the key benefits of commercial mediation in the Republic of Austria include:

  • wide scope;
  • compatibility with other ADR methods;
  • inexpensiveness;
  • anonymity;
  • flexibility.

Because of that, mediation has been the number one tool used in the settlement of international disputes in the Republic of Austria in recent years. The ICC, one of Austria’s top ADR institutions, also specializes in providing mediation services in the Republic of Austria.

VIAC

Adopted in 2016, the VIAC (or mediation rules) underwent slight amendments in 2018. Since then, they’ve been the primary piece of legislation governing the resolution of commercial disputes through mediation in the Republic of Austria.

What makes the VIAC special is the wide autonomy provided to participants & a regulatory framework defining the bare minimum  of procedural standards. Also, they contain guidelines on incorporating contractual clauses for dispute settlement through mediation in Austria.

Those planning to initiate a mediation in Austria should bear in mind that settling a dispute in Austria with mediators appointed by the Ministry of Justice suspends the statute of limitations until the end of mediation proceedings. If mediation proceedings are administered by mediators who aren't appointed by the Justice Ministry, negotiating a settlement in the Republic of Austria will result in the statute of limitations being suspended as well.

Austria: Enforcing a Mediation Agreement

While resolving disputes through mediation in Austria, parties that fail to adhere to legal requirements for mediation may not be subject to court orders. Mediation agreements provide them with a right to temporarily withhold a claim; hence, courts will have to either dismiss or suspend the proceedings. 

Austria: Commercial Mediation

Austria has no particular piece of legislation according to which disputes are resolved through commercial mediation in Austria. That said, a report by the CEDR claims that some seventy percent of all commercial disputes administered by the CEDR resulted in some kind of resolution on the day mediation proceedings were held. According to the same report, the percentage of cases resolved after the day on which mediation proceedings were held was about ninety percent.

Seeking to settle a dispute through mediation in the Republic of Austria? Need advice on mediation regulation in the Republic of Austria? Please consider contacting IQ Decision UK.