Practice & Insights

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.