1. Mediation - BETTER FOR BUSINESS

Austria's economy is facing an unprecedented challenge due to the COVID-19 crisis. Domestic entrepreneurs have been massively affected by the corona measures. The consequences that plant closures, non-fulfilment of work contracts etc. will have on companies and their business relationships cannot yet be fully estimated. In these challenging times, business mediation is an ideal means of resolving disputes unbureaucratically, efficiently and confidentially.


2. No Administration Fee

The administration is kept as lean as possible: The Vienna International Arbitral Centre (VIAC) serves as a hub for companies to find suitable mediators who work within a pre-established framework. VIAC will waive any administration fee for these mediations until the end of 2020.


3. Procedure

Companies (preferably Austrian small and medium-sized enterprises - SMEs) are invited to contact VIAC informally by e-mail (This email address is being protected from spambots. You need JavaScript enabled to view it.). Companies are requested to submit the following content to VIAC:

  • names and addresses of all parties involved;
  • a brief description of the facts of the case;
  • if available, the amount in dispute;
  • an indication of the extent to which the dispute was caused or influenced by the COVID 19 crisis;
  • special characteristics or knowledge that a mediator to be appointed should have.

VIAC selects a mediator according to the required qualifications and informs the mediator. The mediator is selected according to the following criteria: Availability as well as qualities and special knowledge which are appropriate for a promising mediation (e.g. experience in mediation in family businesses, agriculture, tech industry, trade, multi-professional teams or multicultural medians).

If there are no doubts as to the impartiality and independence of the mediator, the mediator confirms the acceptance of the COVID-19 mediation case and will then be proposed as mediator to the parties, who shall be responsible for contacting the mediator.

The further communication and the billing of the fee is done between the mediator and the parties.


4. Costs / Fees

For mediations with one mediator within the framework of the COVID 19 initiative, the parties will be offered the following flat rate: EUR 700,- (excl. VAT) for a 5-hour mediation1.

If the parties have agreed to co-mediation, a flat rate of EUR 1,000 (excl. VAT) will be offered for a 5-hour mediation.

For mediation sessions within the scope of this initiative, which exceed the above-mentioned flat rate, the hourly rate of EUR 150 (excl. VAT) shall be deemed to have been agreed between the parties and the mediator. An hourly rate of EUR 200,- (excl. VAT) shall be deemed to have been in case of co-mediation. These hourly rates shall apply if, with the agreement of the parties, the mediation is to be continued beyond the original session covered by the flat-rate.

1 All communication about the contract, making and postponing appointments, any telephone calls, any communication with lawyers, tax consultants, experts etc. are included. Of the 5 hours, 4 hours are to be spent on the actual mediation session.

 

Overview of the Procedure for the COVID-19 Mediation Initiative

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  1. Interested mediators register with VIAC: VIAC maintains a register of mediators ("Mediator Pool");

  2. Parties contact (This email address is being protected from spambots. You need JavaScript enabled to view it.)together with a mediation case;

  3. VIAC selects a mediator based on availability and suitability and provides the parties with contact details;

  4. Mediator notifies VIAC of the conduct of the proceedings.