VIAC Mediation Proceedings
Mediation proceedings under the Vienna Rules 2021 are clearly structured and efficient. The processes are designed to ensure fair, transparent and expeditious proceedings. Here is a step-by-step overview of a typical VIAC mediation proceeding:
Initiation of the Proceedings
Mediations are initiated by submitting a request for mediation. The mediation request must contain certain information, such as the names and addresses of the parties, a statement of the facts and information about the mediator (Art. 3 Vienna Mediation Rules 2021).
Appointment of Mediators
Mediators are typically appointed by the parties. VIAC may also provide the parties with a list of potential mediators from which the parties may choose. VIAC can also appoint a mediator directly if this is desired by the parties or if a joint appointment by the parties is not possible.
Calculation of the Advance on Costs
The parties are charged a preliminary advance on costs, consisting of the administrative fees, a down-payment on the mediator’s fee and the anticipated cash expenses. The advance on costs must be paid within 30 days.
Transfer of File and Conduct of the Mediation Proceedings
As soon as the advance on costs has been paid in full and the mediator has been appointed, the request for mediation is transferred to the mediator. The further course of the proceedings is then determined by the parties together with the mediator.
Termination of the Mediation Proceedings
If the parties reach an agreement, the mediator supports the parties in drawing up a final agreement that sets out the agreement reached. If the parties do not reach an agreement, the parties can decide whether they wish to pursue other means of dispute resolution, such as arbitration.
