In this blog post, we will look at the main aspects of the mediation procedure in Austria. Recently, the resolution of disputes through mediation in Austria has become more widespread. One reason is that, as a result of mediation, the parties usually maintain a healthy business relationship after the dispute.
The role of the mediator
This method of alternative dispute resolution with the help of a disinterested third party is often used both as a separate procedure and in combination with the court or arbitration. A distinctive feature of mediation is also that the parties may choose a mediator whom they trust.
A mediator is a neutral person who is between conflicting parties. Its goal is to resolve the conflict peacefully, so that the parties find a common solution and do not go further to conflict in court.
When there is a conflict, there is always the opportunity to resolve it peacefully. There is also a judge. He differs from a mediator in that he makes a decision, guided by the norms of the law. And the mediator does not have the right to make decisions, he helps the parties to the conflict to agree among themselves.
Today the profession of a mediator already exists in Austria. To obtain it, you need to study for at least 120 hours with existing higher education under the program of additional professional education on the application of the mediation procedure. These people should be able to maintain neutrality, confidentiality, and be able to distinguish between ordinary interpersonal disputes and crime. The mediator's task is to create conditions for the parties to start a dialogue, to help them hear and listen to each other. Even the judges say that after mediation, the parties behave more correctly in the process. Not everyone can become a mediator in Austria, it must be a person with higher education (not necessarily with legal education).
Mediators who are involved in the resolution of disputes in Austria are subject to the national mediation law or similar law of the European Union.
NOTE: While setting up a mediation, it is expedient to discuss it with a specialist who can give advice on the content of the mediation clause. Our experienced specialists can provide this kind of services.
Before choosing a mediator, the parties are provided with information about the level of his professional knowledge, education, experience, etc. The parties can also meet with the mediator and make sure of his/her competence. This provides the mediator with credibility.
The mediation procedure in Austria takes about 1 month on average. Payment for the mediator's work is carried out, as a rule, according to the hours spent on negotiations, and is carried out by the parties in equal shares.
Mediation is one of the technologies that can help people negotiate without bringing the conflict to extreme states. It is considered good practice for parties to be assisted by lawyers in commercial mediation. If you need to resolve a dispute by mediation in the EU, please contact the IQ Decision UК specialists to get assistance in resolving financial conflicts in Austria and other European countries.