Mediation & Conflict Management

The term “mediation” derives from the Latin word “mediare,” meaning “to mediate” or “to stand in the middle.” It refers to the mediator’s role as a neutral intermediary who stands between the conflicting parties, facilitating dialogue without taking sides.

The mediator acts as a neutral, impartial facilitator. She holds no decision-making authority regarding the substance of the conflict. She pursues no personal interests and maintains equal distance to all possible outcomes.

The mediator provides the necessary structure for constructive dialogue, creating the foundation for fair and mutually respectful communication between the parties.

The mediation process is built on strict confidentiality. All parties and the mediator commit in the mediation agreement to comprehensive confidentiality regarding content, documents and outcomes of the mediation.

All parties involved in the mediation commit to not sharing information about the process with external third parties without the explicit consent of all participants.

In mediation, the parties themselves are responsible for finding a solution. Unlike in court proceedings, no decision is imposed from outside. The parties work actively and cooperatively to develop solutions that address their respective interests and needs.

This requires a willingness to engage openly in dialogue and to consider the perspective of the other party. The mediator supports this process but does not make decisions on behalf of the participants.

The mediation process follows a clear structure:

Step 1: Initial contact and clarification of the assignment. If needed, the mediator conducts individual meetings with the parties involved. During the first joint session, the topics to be addressed are defined, and the ground rules are documented in a mediation agreement.

Step 2: Under the mediator’s guidance, the parties clarify their respective positions, interests, and needs regarding the matters at hand.

Step 3: The parties develop possible solutions that all conflict parties can support.

Step 4: The mediator guides the participants in reviewing and refining these solutions against the interests and needs identified in Step 3. This may also include review of the legal framework by the parties’ external advisors.

Step 5 – Conclusion: The parties document the agreements and solutions reached during Steps 1–4 in writing. They commit to implementing the agreed-upon steps accordingly.

Participation in mediation is voluntary. Therefore, it can be terminated or suspended at any time by any of the participants. The mediator is also entitled to end the mediation, particularly when the conditions for a promising process are no longer met.

An important advantage of mediation: the initiation of mediation proceedings suspends applicable limitation periods under Austrian law. This means that parties do not lose their right to pursue legal action while participating in mediation in good faith.

The parties share responsibility for the mediator’s fees. In practice, costs are typically split equally unless agreed otherwise. Compared to court proceedings, mediation generally offers a significantly more favorable cost-benefit ratio.

If one of the parties is unable to attend a scheduled mediation session, they should notify the mediator as soon as possible. The session will be rescheduled to a date that works for all participants. Cancellation policies regarding fees are agreed upon at the start of the mediation process.

Dr. Judith Girschik holds a dedicated academic degree in Mediation and Conflict Management, is an ICF Professional Certified Coach (PCC) and Vice President of ICF Austria. As a business mediator, she combines this formal training with 15 years of leadership experience in international companies – including management consulting at PwC and the role of Managing Director of a software company.

Two to eight sessions of 90 to 120 minutes, depending on complexity. Most business mediations in Vienna close within 4 to 6 sessions over 6 to 12 weeks – substantially faster than litigation.

A full business mediation typically lies in the mid four-figure euro range, depending on complexity and number of sessions. The cost is usually shared equally between the parties, but alternative arrangements are possible. The fee is discussed transparently in the free initial consultation.

Mediation is voluntary. If no agreement is reached, every other route – including litigation – remains open. All content discussed in the mediation remains confidential under the contract and is not carried to external parties.

Yes. Confidentiality is a core element of every mediation agreement. All parties and the mediator commit contractually not to disclose content, documents or outcomes of the mediation. For specific legal protections, we recommend coordinating the drafting of the mediation agreement with your legal counsel in good time.

Business mediation works for both two-party conflicts (for instance two managing directors or two companies) and multi-party settings – such as shareholder groups, full leadership teams or cross-departmental groups. For complex multi-party constellations, we assess in the initial consultation whether co-mediation is appropriate.

Costs are usually shared equally between the parties – an expression of the mediation principle of joint responsibility. Alternative arrangements (for example: the company bears the costs) are possible and are fixed in the mediation agreement.

Shareholder and succession conflicts, tensions on the management board or in the top team, inter-departmental conflicts, contract and cooperation disputes between companies, as well as conflicts in the context of restructuring, mergers and cultural transformation.

Yes. For time-critical or internationally distributed cases, I offer online business mediation via secure video conferencing.