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Sometimes litigation in court has the opposite effect of the desired swift and binding decision. Thus, alternative forms of dispute resolution increasingly gain significance
Business mediation is worth considering both in in-house disputes and disputes between companies, e.g. in case of mobbing, shareholder disputes or contract disputes. It can also be used to support an efficient and smooth flow of lager projects and change-management-processes. Austrian business mediation procedures are governed by the Austrian Act on Civil Mediation (ZivMediatG).
We render advice on the usefulness of mediation in a particular case and represent our clients in mediation proceedings. We review mediation agreements and accompany your – if foreseen in the mediation program – in mediation meetings respectively are available as (additional) contact person for the team of mediators or the mediator.
Due to the implementation of an EU directive the Alternative Dispute Resolution Act (AStG) entered into force as per 9 January 2016, according to which entrepreneurs and consumers may voluntarily submit their case to an alternative dispute resolution procedure instead of litigation. Such proceedings may only be commenced by the consumer. Generally, the act applies to all disputes between entrepreneurs and consumers regarding contract for goods and services against consideration. Currently following settlement bodies are available:
- Dispute settlement body of Engerie-Control-Austria
- Telecommunication settlement body of Rundfunk und Telekom Regulierungs-GmbH
- Post settlement body
- Agency for passengers’ rights
- Joint settlement body of the Austrian credit sector
- Internet Ombudsman (webshops resp. online business)
- Ombudman unit pre-built house
- Settlement of consumer business (all consumer transactions)
We advise our clients on the pros and cons of such settlement proceedings. If a settlement procedure makes sense we accompany our client throughout the proceedings.