Mediation vs. litigation

The claim has been filed and the parties have exchanged written submissions carefully drafted by their respective counsels. The first oral hearing has been scheduled or has already taken place. In other words: the conflict has escalated to a whole new level.

In recent years, countless pending court cases – often involving claims in the millions – have successfully been resolved consensually by reaching a mutual agreement.

There are many reasons to prefer an interest-based exchange to court proceedings (litigation). Let this exemplary list inspire you (wörtlicher: Here are some good reasons which speak in favor of a mutual balancing/reconciliation of interests):

  • litigation takes time, be prepared to endure years of legal proceedings
  • litigation generates high costs (court and legal fees), sometimes even close to the sum claimed
  • litigation involves a nearly incalculable risk
  • litigation potentially damages the public image of your business and/or causes loss of reputation among the stakeholders
  • parallel pending court cases can be fused into one single mediation process in which all disputes can be resolved jointly
  • personal values and relations intensify conflicts litigation
  • litigation narrows and disintegrates a conflict into legally disputable matters, whereas in mediation all issues and topics of a conflict can be covered in a much broader sense
  • mediation involves all relevant stakeholders and is not limited to claimant and respondent
  • mediation avoids hidden costs -  your counsel provides the necessary legal certainty for you and is free to join you in the mediation after prior consultation with the mediator(s)

In mediation, not only comprehensive or partial solutions are considered a success. From their professional experience, judges report that mediation often significantly improves the atmosphere in litigation hearings. Parties who have been to mediation collaborate more effectively, which facilitates reaching a court settlement. The mediation itself remains completely confidential, even to the court.

Our mediators conform to strict quality criteria, which reach beyond the standards set forth by the Austrian Law on Mediation in Civil Matters (ZivMediatG).

Take your chance to reach a solution in almost no time – incurring only manageable costs.