Recommended Mediation Clause

VIAC recommends parties to use the following Model Clauses, if they wish to include an agreement to mediate under the Vienna Mediation Rules in their contracts or agree upon proceedings under the Vienna Mediation Rules in a subsequent agreement after the dispute has already arisen. These Model Clauses are merely suggestions  respectively proposals, but not mandatory and may be adopted to the special needs of THE individual case. Especially in Clause 3 parties should also consider, whether commencing parallel judicial, arbitral or similar proceedings shall be permissible while mediation proceedings ARE PENDING. If parties prefer to exclude the possibility of parallel proceedings, it is necessary to agree on such exclusion explicitly in the mediation agreement.


Model Clause 1: Optional Mediation

“Regarding all disputes or claims arising out of or in connection with this contract, including disputes about its validity, interpretation, breach, termination or nullity, the parties agree to jointly consider mediation in accordance with the Mediation Rules of the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna (Vienna Mediation Rules).”


Model Clause 2: Obligation to Refer Disputes to Mediation

“All disputes or claims arising out of or in connection with this contract, including disputes about its validity, interpretation, breach, termination or nullity, shall be submitted to mediation in accordance with the Mediation Rules of the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna (Vienna Mediation Rules).”


Model Clause 3: Obligation to Refer Disputes to Mediation followed by Arbitration

“All disputes or claims arising out of or in connection with this contract, including disputes about its validity, interpretation, breach, termination or nullity, shall first be submitted to mediation in accordance with the Mediation Rules of the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna (Vienna Mediation Rules). In the event that Proceedings are not terminated according to Art 11 of the Vienna Mediation Rules within a period of [60]* days from the submission of a request for mediation, the dispute shall be submitted to arbitration in accordance with the Rules of Arbitration of the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna (Vienna Rules) and shall be finally decided by one or three arbitrators appointed under these rules.”

* or a different period of time agreed upon in writing by the parties


Optional Supplementary Agreements:

(1)   “The number of mediators shall be ………” [usually, one or two; but need not be determined]

(2)   “This mediation agreement and the mediation are subject to .............. law.”

(3)   “The language(s) to be used in the mediation shall be ...............”

(4)   “Arbitration Proceedings shall not be commenced until the period of …. days has elapsed following the filing of a request for mediation.”


For a Commentary on the recommended model clauses by Natascha Tunkel und Miryan Weichselbaum-Gharibo please see the VIAC Handbook Mediation.