Abstract
Indisputable resolutions with the help of an unconcerned third person have always been done in many countries and states. In the western world this kind of dispute resolution fell into oblivion. We rediscovered alternative dispute resolution (ADR) at the end of the twentieth century.
Since 1.1.2000 mediation became a part of Austrian Family Law (§ 99 EheG). In my opinion this was a statement, how family life should be organized in the future. It is absolutely not necessary to have any losers at the end of a marriage. Especially children profit by agreements in contrast to a litigious divorce. Because of the multiple positive effects, mediation in Family Law can become a model and starting point for other areas, that are potentially suitable for ADR. The international development of ADR has shown that we can live in a kind of society that is not dominated by litigious solutions for conflicts but by agreements. In the future everyone can find the best solution for her/his conflict situation with the help of an unconcerned third person.
| Translated title of the contribution | The development of mediation in Austria especially separation- and divorce-mediation in regard of the Family Law Reform 1999 |
|---|---|
| Original language | German (Austria) |
| Publication status | Published - Jun 2000 |
Fields of science
- 505013 Private law
- 505032 Civil procedure law
- 504 Sociology