Mediation is a process in which a neutral third person (mediator) supports conflicting parties (clients) in jointly resolving their conflicts by negotiation. Clients develop their own mutual solutions based on the interests and needs of all conflicting parties.
Mediation
- is goal-oriented, forward-looking and self-determined
- can be employed immediately without prejudging the outcome
- is quick, efficient and unbureaucratic
- saves (precious) effort, time and resources
- stands for sophisticated, nuanced solutions and viable (/workable) results
- enhances the conflicting parties’ personal (/soft) skills
- restores a positive atmosphere
Mediation vs. litigation
Court rulings issued by judges can (more often than not) only refer to past actions (rather than the present or the future).
Mediation vs. conciliation
In conciliation, external experts introduce options for solutions and render a decision.
Clients
- participate voluntarily
- are willing to be fair
- are open (/candid, upfront) towards each other and confidential towards outsiders
- make their own decisions in a goal-oriented mindset
- secure commitment through legally binding agreements
Mediators
- provide a neutral atmosphere for constructive conversation
- support the development of independent solutions
- provide assistance in reaching an agreement
- maintain confidentiality and are unbiased and omni-partial (equally supportive of all parties)
- provide competence (/expertise, skills) and structure for the mediation process
- trust their clients’ skills to resolve their conflict
Lawyers and experts
- participate consensually (/voluntarily) as professionals of their respective fields of expertise
- advise their clients and provide expertise
- help find a legally and factually well-grounded solution
- phrase a legally valid settlement reflecting the agreement reached
Austrian Law on Mediation in Civil Law Matters (ZivMediatG 2003)
- sets forth the basic legal framework
- suspends (court) deadlines (/periods)
- secures confidentiality among mediators
- to help you access mediation and get started asap
- where we make the first steps for you (because we know how tough they can be)