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MediationPrinciples and Regulation in Comparative Perspective$
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Klaus J. Hopt and Felix Steffek

Print publication date: 2012

Print ISBN-13: 9780199653485

Published to Oxford Scholarship Online: January 2013

DOI: 10.1093/acprof:oso/9780199653485.001.0001

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Mediation in Austria: The European Pioneer in Mediation Law and Practice

Mediation in Austria: The European Pioneer in Mediation Law and Practice

(p.247) Chapter 4 Mediation in Austria: The European Pioneer in Mediation Law and Practice

Markus Roth

David Gherdane

Oxford University Press

Austria is the European pioneer in mediation law and practice. Austria had already established legal rules for mediation in family law cases back in 1999, and in 2004 it enacted the first mediation act in Europe, the Zivilrechts-Mediations-Gesetz. Austrian mediators are organised into several professional associations; the Österreichische Bundesverband für Mediation (ÖBM) claims to be the biggest special interest group in Austria and in the European Union. The Austrian Act influenced legislation in Europe and serves as a role model, especially for the German Mediation Act (Mediationsgesetz). Unlike the German Mediation Act, which transposed the Mediation Directive into German law, the Austrian Mediation Act relates only to disputes in civil law matters. While the literary translation of the mediation act is ‘Civil Law Mediation Act’, it may be properly referred to as the ‘Mediation Act’ since it is the only Austrian act which deals solely with mediation.

Keywords:   Austria, mediation law, civil law, family law, Austrian Mediation Act, German Mediation Act

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