Mediation Basics
The Vienna International Arbitral Centre (VIAC) of the Austrian Federal Economic Chamber (WKO) offers companies a neutral and independent forum for mediation proceedings.
What is Mediation?
Mediation is a voluntary, structured and confidential procedure in which the parties aim to resolve a dispute with the assistance of a neutral third-party, the mediator.
For Businesses
Mediation offers businesses a comprehensive resolution of conflicts, the avoidance of potential escalations as well as the avoidance of potentially expensive and lengthy processes.
For Mediators
Neutral third parties/mediators conduct the mediation process impartially and independently, and assist the parties to reach their own agreement on the settlement final resolution of the dispute.
Advantages of VIAC Mediation Proceedings
During a mediation proceeding, companies benefit from the support of VIAC as a competent and neutral mediation centre:
Neutral and independent forum
VIAC is a neutral and independent forum when it administers mediations.
Experience and know-how
VIAC Mediations are conducted in a professional manner. VIAC has almost a decade of experience in administering mediation proceedings.
Structure and transparency
The Vienna Rules allow for structured and transparent proceedings.
Flexibility
The Vienna Rules serve as a flexible basis for mediations. The proceedings can be tailored to the parties’ needs.
Confidentiality
Mediation meetings are held in private.
VIAC Services in Mediation Proceedings
– Model clauses: VIAC provides a variety of model clauses providing for mediation proceedings administered by VIAC, which may be included in advance in the parties’ contracts . Model clauses are also available for parties, if they wish to submit a dispute that has already arisen to mediation.
– Support in relation to selecting experienced mediators: VIAC’s Secretariat can propose suitable candidates. If the parties do not jointly agree on a mediator, the VIAC Board appoints a mediator.
– The Secretariat will request a declaration from the mediator regarding their impartiality and independence, availability, qualifications, acceptance of the appointment and compliance with the Vienna Mediation Rules.
– Collection of advances on costs: The Secretariat calculates the approximate costs of the disputes and requests both parties to pay these amounts in the form of the advance on costs.
– Further services and organisation
– One-stop-shop solution: A subsequent arbitration procedure is possible, should the mediation process remain unresolved mediation procedure (in whole or in part).
Course and Outcome of VIAC Mediation Proceedings
The mediation process is initiated by the submission of a request for mediation. The specific course of the mediation process is determined by the mediator in consultation with the parties. The Vienna Mediation Rules, which have been in effect since 1 July 2021, serve as the framework. The Vienna Mediation Rules contain certain minimum standards as well as safeguards in the event that no agreement is reached pertaining to individual aspects of the mediation process.
Mediation proceedings establish legal certainty and settle the legal dispute. In most cases, there is still a good basis for a dialogue between the parties after the conclusion of the mediation process and the business relationship remains intact.
A successful mediation results in a binding agreement between the parties to the dispute.
Model Mediation Clauses
If parties wish to submit their dispute to mediation under the Vienna Mediation Rules, they can conclude a mediation clause based on the VIAC Model Mediation Clauses. There are standard model mediation clauses and mediation clauses for investment mediations available.
Resources for Mediators
VIAC regularly compiles resources for medators to assist them in conducting proceedings under the Vienna Mediation Rules and to facilitate cooperation with the VIAC Secretariat.
Cost Calculator
The cost calculator is a tool to get an overview of the expected procedural costs for VIAC arbitration proceedings. The actual calculation of the Advance on Costs shall be made by the Secretary General after the proceedings have been initiated.
Mediator Search
VIAC offers mediation practitioners the possibility to create a profile and present themselves. The mediators’ profiles are non-binding and do not constitute the institution’s recommendation. The parties and the VIAC Board are free to nominate and appoint mediators.
Mediation Rules ("Vienna Mediation Rules")
A new version of the VIAC Arbitration and Mediation Rules came into force on January 1, 2025. They are applicable to all proceedings initiated or to be initiated after December 31, 2024.
