How does a mediation procedure according to the Vienna Mediation Rules be conducted?
On 1 January 2016 the Vienna Mediation Rules entered into force which were only slightly amended in the course of the recent 2021 revision (entering into force on 1 July 2021). The most important change was implemented already in the revision in 2018 when the Mediation Rules formed Part II since then are on equal footing with the Arbitration Rules (Part I) of VIAC's Arbitration and Mediation Rules. VIAC is able to administrate all proceedings in the field of amicable dispute resolution supported by a neutral third party under the rules as they are framed not only to cover mediation proceedings but generally to ADR-proceedings.
An overriding principle of the Vienna Mediation Rules is party autonomy and to create a procedural framework defining minimal procedural standards if the parties failed to jointly determine the cornerstones for the conduct of their proceedings. In addition, users are made aware of certain issues to be considered when drafting multi-tier dispute resolution clauses. Another aim was to create a one-stop-shop solution making ADR-proceedings particularly compatible with arbitration where users should wish to combine more methods of alternative dispute resolution in the context of VIAC‑administered proceedings.
The initiation of ADR-proceedings within an institutionalized setting offers a number of advantages to the parties: they benefit from the experience and expertise of the institution in terms of the chosen method of alternative dispute resolution and its professional and effective application; the institution serves as a guardian re issues of (procedural) quality assurance; the confidentiality of the dispute resolution process is also secured.
The new VIAC Rules of Investment Arbitration taking effect on 1 July 2021 are likewise complemented by the Investment Mediation Rules, which may be applied independently of, or in conjunction, with arbitration proceedings (Rules of Investment Arbitration and Mediation 2021).
The Secretariat will assist the parties and mediators in the organization of the sessions. More details can be found here.
Please click the following flow-charts to see how mediation proceedings will be conducted under the Vienna Mediation Rules 2021 and the Vienna Investment Mediation Rules 2021.