Mediation in Austria

Quick Facts

• Legal Framework: Mediation in Austria follows the Mediation Act (Mediationsgesetz) of 2004, which implements the EU Mediation Directive. The Act defines mediation as a voluntary and confidential process for resolving ...
• Cultural Approach: Austrian mediation culture emphasises formal procedures and judicial oversight. There is growing acceptance of mediation as an alternative to litigation. The approach tends to be structured and formal...
• Typical Costs: Commercial mediation in Austria typically costs EUR €200-400 per hour or daily rates of EUR €1,500-3,000. Family mediation typically costs EUR €150-300 per hour. Court-annexed mediation may be subsidi...

Mediation Research

Legal Framework

Mediation in Austria follows the Mediation Act (Mediationsgesetz) of 2004, which implements the EU Mediation Directive. The Act defines mediation as a voluntary and confidential process for resolving disputes. The Austrian Code of Civil Procedure contains provisions for court annexed mediation. Family mediation is regulated by specific provisions in the Civil Code. The Act provides a legal framework for mediation, including confidentiality provisions and the enforceability of mediation agreements. The Federal Ministry of Justice provides guidance on mediation practice.

Court System

Austrian courts actively encourage mediation before proceeding to trial. Courts may refer parties to mediation and can adjourn proceedings to allow mediation to occur. Court-annexed mediation is available throughout Austria. The judiciary has implemented mediation programmes in many courts, particularly in family courts. Judges may suggest mediation at any stage of proceedings. Courts may consider costs orders where parties unreasonably refuse to mediate. The court system works closely with professional mediators and mediation organisations.

Mediator Regulations

Mediators in Austria are not required to be lawyers, but many are. The Federal Ministry of Justice provides certification for mediators. To become a certified mediator, one must complete training programmes approved by the Ministry. The training includes theoretical and practical components, typically 40+ hours. Certified mediators must complete continuing education requirements. There are several professional associations for mediators in Austria, including the Austrian Mediation Association (Österreichischer Mediationsverband). Mediators must adhere to ethical codes of conduct.

Cultural Approach

Austrian mediation culture emphasises formal procedures and judicial oversight. There is growing acceptance of mediation as an alternative to litigation. The approach tends to be structured and formal. Austrian mediators often take a more active role in facilitating solutions. The cultural context values the authority of the state and the judiciary. Family mediation is particularly well developed. Commercial mediation is gaining acceptance in business circles.

Typical Costs

Commercial mediation in Austria typically costs EUR €200-400 per hour or daily rates of EUR €1,500-3,000. Family mediation typically costs EUR €150-300 per hour. Court-annexed mediation may be subsidised or available at reduced rates. Small claims mediation may be free or low-cost. Costs are typically shared between parties unless otherwise agreed. Legal Aid (Verfahrenshilfe) may be available for family mediation in eligible cases. Mediation costs are generally tax-deductible for businesses. The cost savings compared to litigation are significant.

Sources

• Mediation Act (Mediationsgesetz) (legislation)
• Federal Ministry of Justice (government)
• Austrian Mediation Association (organisation)
• Vienna International Arbitral Centre (organisation)
• Austrian Federal Chamber of Labour (organisation)

States and Regions