About
FRANZISKA MENSDORFF- POUILLY
My Path to Mediation
Legal Expertise and the Complexities Behind Conflict
My approach to conflict resolution is deeply rooted in my legal background.
- I began my career at an Austrian commercial law firm specialising in M&A and corporate law.
- I later spent almost six years as an Attorney-at-Law (admitted to the Austrian Bar) at an international arbitration boutique, representing clients in national and international proceedings under the VIAC, LCIA and ICC Rules, as well as in ad hoc arbitrations. My work focused primarily on disputes in the insurance and reinsurance, pharmaceutical, energy, franchising and distribution sectors.
- Alongside arbitration and litigation, I regularly supported clients in mediation proceedings, complex negotiations and settlement discussions, particularly in the context of M&A transactions and real estate matters.
- I also advised clients in highly personal disputes, including divorce, custody matters, as well as inheritance conflicts.
Throughout those years, I came to appreciate that a judgment or arbitral award does not necessarily bring a conflict to an end. A decision may have been reached, yet the underlying dispute often remained unresolved. Business relationships still broke down, cooperation became impossible, or the next proceeding was already taking shape. Those experiences gradually sparked a desire to think about conflict resolution more broadly, beyond legal rights and remedies alone. Over time, this led me to focus my practice on mediation and consensual dispute resolution.
- Mediation is, in many situations, a highly effective alternative to traditional forms of dispute resolution. Conflicts are rarely driven by legal questions alone. Commercial realities, operational concerns and interpersonal dynamics often play an equally important role, yet are difficult to address within the confines of litigation or arbitration. Mediation offers the flexibility to engage with these different dimensions as part of a single process.
- Unlike court or arbitral proceedings, which are necessarily centred on legal claims and past events, mediation focuses on shaping future arrangements. This creates space for practical, tailored solutions and allows the people who will ultimately live with those solutions to become part of the conversation.
- In practice, I have found mediation to be particularly valuable where a resolution needs to be reached efficiently, confidentially and in a manner that is workable in everyday life.
- Today, I work as a mediator and Negotiation & Settlement Facilitator. My practice focuses on commercial mediation, particularly shareholder disputes, conflicts arising from corporate transactions and contracts, M&A-related disputes and succession matters in family businesses. I also support private clients in sensitive personal conflicts, including separation, divorce and inheritance disputes.
My Approach
Creating Clarity in Difficult Conversations
My task in mediation is to create a framework that enables you to set the course for the future. The objective is to develop robust solutions that hold up in practice and stand on solid legal ground. This requires an honest and unvarnished assessment of the situation, open dialogue, reflection, and a realistic view of both the opportunities and the limits involved.
I understand how demanding conflict situations can be, and how difficult it may feel to invite an independent third party into a dispute in order to work through it constructively. My aim is to support you in this process and to create a safe and neutral framework in which constructive dialogue becomes possible even in difficult situations, or a respectful resolution can be reached.
Whether it concerns separation, inheritance, shareholder disputes, business succession, or commercial disputes: there are always people at the table. Communication, misunderstandings, and unmet expectations often shape a conflict just as much as the legal or commercial issues that appear to be at its centre. It is important to me to give appropriate space to the different layers of a conflict and to adapt the process to the particular situation and the people involved.
As a mediator, I structure and guide the process, acting as a bridge between positions and a translator across the different layers of the conflict. With targeted questions, I help you gain clarity, surface blind spots, and assess your own situation realistically. My focus is on making dialogue and understanding possible. The decisions remain in your hands.
