Mediation may be used at any stage of the court proceedings.
The proposal can be made by the Court of First Instance
as well as come from a party.
Since mediators do not make decisions, but are 100% neutral,
it is also conceivable that one party will propose names of mediators.
An even more neutral picture emerges when the selection of the mediation team is transmitted to a third party,
e.g. a mediation center or a mediation center.
The mediation team will arrange a single meeting with each party to get a first overview of the dispute.
It is advantageous if documents can also be electronically made available.
After that the mediation team makes a suggestion as to whether a mediation makes sense and how this could be organized,
personnel and deadline. This also depends on the extent to which the issue, ie the evidence procedure,
or the legal situation.
Depending on the situation, appointments are then arranged, from 1-2 hours to full-day examinations.
At the end of the mediation, the result is the conclusion of the agreement between the parties:
a final, new agreement to settle the contentual points
Agreement with which certain points are settled, the other open points go back to court
The role of the court
Judges have already the experience that a qualified session, accompanied by mediators,
could bring a great contribution to the solution. In this case, either mediators are brought to the trial,
a contact between the parties and the mediatiors is made by recommendation before the next court schedule.
The role of the parties
The parties are responsible in the mediation itself, to explain their own interests and also their needs
with the assistance of the mediators in a way that the other party becomes aware of the position.
Often mediation can also lead to a categorization of the facts, because the expertise of the two parties is usually
higher than the possibilities of external experts.
If things are cleared, then it is easier to find a economic solution.
The role of mediators
Mediators are responsible for the communication, responsible for the conversation;
they make NO DECISIONS! It has been proven that experience and basic knowledge of mediators
in the area or the industry is advantageous.
The mediation team seeks and arranges appointments, ensures that all open points are treated and that
all important interlocutors are on the table.
The role of lawyers
The lawyers are still acting as legal advisors to the clients. This is of great importance in the correct
decision-making and helps to make realistic agreements.
The clients themselves present their interests and conduct the conversation directly with the other party.
Conference on Intellectual Property Conflicts in Vienna
On 2.3.2018 there was a high-profile panel in Vienna: Prof. Peter Picht (University of Zurich), Philipp Groz (Schellenberg Wittmer), Sam Granata (Court of Appeal Antwerp), David Perkins (WIPO Arbitrator and Mediator), Prof. Jacques de Werra (University of Geneva), Christian Loyau ( ETSI), Alesch Staehelin (IBM) and Claudia Tapia (Ericsson).
Consultation on Collective Redress - European Parliament
On 21 February 2018, the Legal Affairs Committee (JURI) of the EU Parliament held a hearing on collective redress mechanisms; Topics: lawyer's success fees, out-of-court dispute resolution procedures such as mediation, forum shopping.
Seventy professionals from more than 25 jurisdictions around the world brought their experience and expertise to their work, experts from governments, law firms, colleges and universities, mediation institutions and training companies.
Dr. Peter Adler
International Business Mediator
Vienna/Wien/Becs, Graz/Gradec, Zagreb
1190 Wien, Billrothstr. 86/2
mobile +43-676-3 699 699