iconannual 2015 - The European Business and Investment Magazine

International Finance & Projects
Business Mediation
at Austrian Courts.
Several courtcases
can be covered by
one single mediation
process – that saves
individual energy
as well as time and
money! Frequently
people who have
been involved in legal
proceedings report
Gernot Winter DI
on their discontentedness
with the sen-
CMC EGWIME
tence in their respective
case while people who have taken part
in a mediation process show a high level of
satisfaction with the results they (co-)created
with the professional support of a mediator.
Ten years ago `court-annexed business
mediation` has been established at Austrian
courts and is meanwhile widely accepted.
Based on the `Austrian Mediation Act` (Ziv-
MediatG 2004) the `Austrian Association for
Court-Annexed Mediation` (VMG – vmg.or.at)
and it`s forty highly experienced and qualified
mediators are offering their professional
services to the Austrian citizens and enterprises
at Austrian courts. The success rate is
high: up to 80% mediation processes which
are led by these qualified mediators result
into fruitful and highly satisficing solutions.
Foto: Christian Helmle
The inclusion
of the following
mediation
clause in
your GTC and
contracts can
prevent from
serious aggravations
in cases CMC EGWIME
Michael Hamberger, MSc. MA.
of conflict. The
phrasing is based on mediation regulations
in Austrian Civil Law and leaves room for
amendments as required for your lawyers:
“In case of disputes arising from this
contract, also in respect of its effectiveness,
the contract parties will negotiate a conflict
resolution. In case the conflict cannot be
settled within 30 days, the contract parties
agree to attempt a mediative solution as a
next step. The acquisition of the conflict issues,
the selection of registered mediators
(according to the relevant national/international
regulations) and the further procedure
will be mutually determined. Every
contract party is free from the start to terminate
the mediation without sanctions, in
order to take further legal actions.”
Foto: Daniel Schaler
Recommended Mediation Clause for Your Contracts:
The inclusion of the following mediation clause in the
GTC and contracts, treaties, and other agreements
with partners, employees, clients, suppliers, project
partners, licensors and licensees, or for service agreements,
with residents and tenants can prevent from
serious aggravations in cases of conflict.
“In case of disputes arising from this contract, also in
respect of its effectiveness, the contract parties will negotiate
a conflict resolution. In case the conflict cannot
be settled within 30 days, the contract parties agree
to attempt a mediative solution as a next step. The acquisition
of the conflict issues, the selection of registered
mediators (according to the relevant national/
international regulations) and the further procedure
will be mutually determined. Every contract party is
free from the start to terminate the mediation without
sanctions, in order to take further legal actions.”
The phrasing is based on mediation regulations in
Austrian Civil Law, emphasises the voluntariness, and
is indicative of the willingness of your company to
negotiate solutions and to a constructive approach to
business associates. It demonstrates the emphasis on
autonomy in decisions. Furthermore, it leaves room for
amendments as required for your lawyers.
The European Business and Investment Magazine iconannual 63