Recommended Mediation Clause


Model Clause 1: Optional Mediation

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


Model Clause 2: Obligation to Refer Disputes to Mediation followed by Arbitration

All disputes or claims arising out of or in connection with this contract, including disputes relating to its validity, breach, termination or nullity, shall first be submitted to Proceedings in accordance with the Mediation Rules (Vienna Mediation Rules) of the Vienna International Arbitral Centre (VIAC) of the Austrian Federal Economic Chamber .
In the event that within a period of [60]1 days from commencing Proceedings under the Vienna Mediation Rules the dispute or claims are not resolved, they shall be finally settled under the Rules of Arbitration (Vienna Rules) of VIAC by one or three arbitrators appointed in accordance with the said Rules.2

1 or a different period of time agreed upon in writing by the parties
2 see the optional supplementary agreements for arbitration clauses


Model Clause 3: Obligation to Refer a Present Dispute to Mediation

The parties agree that the present dispute shall be submitted to Proceedings in accordance with the Mediation Rules (Vienna Mediation Rules) of the Vienna International Arbitral Centre (VIAC) of the Austrian Federal Economic Chamber. The Proceedings shall be initiated by submitting a joint request. The registration fee shall be borne by the parties in equal shares.


Optional supplementary agreements on:

(1) the number of mediators or other third party neutrals ( e.g. one or two);

(2) the language(s) to be used in the Proceedings (Article 6 Vienna Mediation Rules);

(3) the substantive law applicable to the contractual relationship, the substantive law applicable to the mediation agreement, and the rules applicable to the Proceedings (Article 1 paragraph 3 Vienna Mediation Rules);

(4) the admissibility of parallel proceedings (Article 10 Vienna Mediation Rules);

(5) the interruption of the statute of limitations or waiver to invoke the statute of limitations for a specific period of time.


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