Practice & Insights

The transition between generations can bring different questions and tensions to the surface. Drawing on recent empirical data and experience from mediation, this article examines how these arise around responsibility, knowledge transfer, decision-making and the future direction of the business.

In family businesses, three distinct systems overlap: family, ownership, and the enterprise itself. Determining who will assume which role, who is best suited for it, and how this is communicated must be addressed years before the actual handover. This article explores unclear roles, responsibility without a mandate, and the complex dynamics between familial and business relationships.

A mediation settlement agreement may take many different forms, ranging from an informal settlement to an internationally enforceable Consent Award. Choosing the appropriate structure is a strategic decision with cost implications. Is an enforceable document required? Should the settlement be enforceable domestically or abroad? What costs are involved, and who should bear them?

Who is responsible for ensuring that a mediated settlement complies with the law? This article explores the tension between party autonomy and the mediator's responsibility, and considers how different approaches may influence the choice of mediator.

A distinctive feature of Austrian law: mediation settlements may give rise to a 2% stamp duty. A factor worth considering early when structuring disputes and negotiating settlements.

What parties perceive as fair or just and what is legally enforceable often diverge. This article examines what litigation and mediation can realistically deliver, and where their structural limits lie.

Does a mediation agreement hold up over time, or are the parties left with settlement regret? A long-term study from Germany and the SIDRA International Dispute Resolution Survey 2024 provide insight into how satisfied parties are with the outcomes they have negotiated and how mediation performs in an international commercial context. The findings translate into concrete levers for practice, from testing for workability to a reality check before signing.

Preparation is done, roles are clear, and the decision makers are at the table. So why bring in a mediator at all? This article explores what a mediator can genuinely add, where the limits lie, and why the choice of mediator often shapes what becomes possible in the mediation.

Why do mediations fail despite strong preparation? This article shows how role allocation determines the outcome: who is at the table, who decides, and what role counsel actually plays.

How do parties prepare for mediation in order to use the process effectively? This article outlines the key steps: from a full cost analysis to clarifying interests and developing viable options as a basis for informed decisions at the table.

Mediation reduces the cost of conflict and restores decision-making capacity more quickly, yet it is rarely used strategically in Austria. This article examines when mediation offers a commercial advantage over litigation and arbitration, and what conditions determine its effectiveness.

A mediation agreement between mediator and parties will be concluded in any case – the real question is how clearly its terms are defined. This article explains why setting the agreement out in writing can provide legal certainty, what it should address, and where the Austrian Civil Mediation Act (ZivMediatG) sets clear limits. A practical overview for parties considering mediation:

Disclosure and documentation duties of accredited mediators in Austria: what parties need to know about confidentiality, legal effects and procedural safeguards under the Austrian Civil Mediation Act.

When does Austrian mediation law apply and what can parties legally expect from an accredited mediator? An overview of independence, impartiality and potential consequences if statutory duties are breached.

Therapy, couples therapy or mediation? When is each setting appropriate? An outline of key distinctions, common exclusion criteria and decision considerations for private conflicts such as divorce, separation and custody, as well as workplace disputes.

The conclusion of a mediation is often followed by practical and legal considerations. How the outcome is handled, whether it is documented, and what legal effects it may have can make a material difference. Questions of enforceability, costs and cross-border implications should therefore be considered carefully and, where appropriate, addressed strategically.

Choosing mediation is often perceived as a sign of failure. This article explores why that assumption is misleading, how conflict limits communication, and when mediation can restore clarity and agency.

Can statements made in mediation be used in court? This article examines when information disclosed in mediation in Austria is legally protected, where that protection ends, and what this means for subsequent court or arbitration proceedings.

When does mediation suspend limitation periods under Austrian law? A practical legal overview of requirements, risks, and safeguards in commercial mediation.

Many workplace mediations start with a clear intention: fix the relationship and move on. What often becomes apparent only later is that the initial framing was preliminary and did not fully address what was actually at stake - which can fundamentally limit what mediation can achieve.

Preparing workplace mediation properly is key to turning team conflicts into constructive collaboration. Learn how to identify common pitfalls, clarify roles, set clear goals, and establish communication – so mediation can be applied effectively and fairly.

Mediator selection matters more than you think. Get practical guidance to ensure the process succeeds from the start.

Court or mediation? See how to weigh your legal position, litigation risks, and negotiation leeway efficiently – with practical insights for a detailed decision analysis.