This page provides an overview of mediation legislation in Member States of the European Union and European Economic Area, and Switzerland and the UK. Effort has been made to identify training or certification requirements, where applicable. This page is provided for informational purposes only, and the authoritative Act/s should be sourced directly and consulted where necessary (see documents section at bottom of page).
The main law is titled “Mediationsgesetz” (mediation act published in 2003). It is part of the “law for the promotion of mediation and other ADR procedures”. The content of the Austrian Mediation Act is limited to the basic duties and tasks of a mediator, some limitations in the mediator’s function and to a general duty for education and advanced training. The Act provides for the “pure” mediation primarily. This is the mediation procedure outside the court.
The Federal Minister of Justice maintains a List of Mediators. Entitled to registration in the List of Mediators is any person who proves that he is over the age of 28, he is professionally qualified, he is trustworthy and he has taken out professional liability insurance in accordance with article 19 of the same act. Professionally qualified is any person who, on the basis of appropriate training (article 29) is in possession of knowledge and skills of mediation and who is also familiar with its legal and psychosocial basic principles. The training shall be completed in training courses and practical workshops of those institutions, including the universities, which the Federal Minister of Justice has registered in the list of training institutions for mediation in civil law matters.
The Belgian Law on Mediation of 21 February 2005 (Law on Mediation) applies to domestic as well as cross-border mediation. Additionally, the Federal Mediation Commission issued a Code of Conduct for accredited mediators by its decision of 18 October 2007. Mediation is not obligatory in Belgium. Although the Law on