A DUAL APPROACH TO MEDIATION IN AUSTRIAN LAW

SAVIĆ BOŽIĆ Dijana (Osnovni sud, Bijeljina), dinabozic@gmail.com

The paper discusses a dual approach to the mediation concept in the Austrian legal system. Traditionally, litigants in Austria are used to seeing third parties, such as judges and arbitrators, with a reasonably high level of satisfaction. In principle, parties to a dispute are free to choose methods of alternative dispute resolution, including mediation. The Austrian legal concept of mediation is based on transformative models of mediation. It focuses on the voluntariness of the parties to resolve their disputes themselves with the help of a neutral and independent third party. To ensure this elementary but loose principle, Austrian legislation established a system of registration. The register with the list of mediators is kept at the Federal Ministry of Justice. The Austrian legal system has introduced a centralised administrative procedure that regulates the prerequisites and effects of registration. The Austrian Civil Mediation Act prescribes the basic professional duties that registered mediators must fulfil. In practice, however, it is possible to conduct mediation without meeting these prescribed standards. Since mediation can be performed by persons without training or experience, it is a “free activity” in contrast to judicial institutional activity.

Keywords: Austrian law, mediation, dual approach