Mediation

mediation2Mag. Alexander Todor-Kostic, LL.M.,
Attorney at law and registered (commercial) mediator

As a trial attorney with decades of experience, I know that entrenched positions and patterns often prevent a conflict resolution. These conflicts often escalate during civil proceedings before court because no attention is paid to emotions. However, if you look behind the scenes, you find people with needs and interests, which are often not different. If the conflicting parties abandon their role and work together with mediative support in order to reach a final common consensus, historical structures and controversial issues can be eliminated and sustainable solutions can be achieved. Mediation is a structured conciliation procedure on a voluntary basis to facilitate constructive conflict resolutions, which is regulated by special law in the Austrian Mediation Act (ZivMediatG – BGBl. I 29/2003 as amended) aiming to protect the parties. In this context, the registered mediator assists the conflicting parties in negotiating a common agreement. In these situations he is not allowed to give concrete advice but only has to lead proceedings multipartially. Moreover, he is subject to a strict obligation of secrecy, which even lays down a legal right to refuse to give evidence in court. As a registered mediator the attorney abandons his classical advisory role and leads the mediatees (= the conflicting parties) independently and unbiased– using systemic elements at most – theme-centred towards their solution(s). Besides the needs-oriented involvement of the parties the advantages of a mediation procedure are notably low costs for procedures and conflict resolutions together with a flexible and confidential handling in camera and without mass media.

Being an experienced trial attorney, I am very familiar with disputes in court and I can provide you with excellent support to find and examine topics. Should you already be legally represented (eventually in a pending proceeding), mediation is still possible and often also facilitates the start. If there is no legal representation available yet, I, as a registered mediator, am allowed to inform you about the current legal position without giving you advice at the same time. Thus, you can possibly save additional legal costs for advice, even though I engage external advisers after consultation with you if the mediation procedure or development so requires. I am registered in the list of mediators at the Federal Ministry of Justice and I am therefore subject to the strict standards of the Austrian Mediation Act ZiVMediatG 2003. I offer my services on the basis of an individually concluded mediation contract and, depending on the concrete drafting and number of participants in the structured mediation procedure, I work on an hourly rate. My education, experience as well as my personal commitment are the ideal conditions to find a sustainable and comprehensive solution for your conflict with reasonable effort, costs and a high probability of success. My practice areas economy are company organisation and succession, construction and neighbourhood conflicts, disputes in companies, environmental issues, family/divorce/custody, issues of inheritance, mediation with pairs and large groups. Please contact me, if you require further information. .