Prätorischer Vergleich and municipal mediation offices – the historic development of alternative dispute resolution schemes in Austria and what they mean for contemporary legislators?

Abstract

The text aims to highlight certain alternative dispute resolution (ADR) methods existing in Austrian civil law since the 19th Century. Austrian law and legal tradition, closely linked to its Polish counterparts, serve as sources of inspiration for Polish scholars and legislators. Nowadays, possibly more than ever, the heavy caseload of modern courts combined with evidentiary and procedural burdens call for the increased importance of ADR. The EU actively promotes the development of ADR. Therefore, the evolution of the approach to out of court dispute resolution methods in Austria is depicted against a widely understood historical background, in connection with the German legal tradition. Furthermore, the text describes this evolution as related with the deep political changes in Austria (Constitution of 1867) and the enactment of a modern civil procedure code in 1895. The authors concentrate on two institutions: municipal mediation offices (Gemeindevermittlungsämter) and the special pre-court settlement before the District Court (prätorischer Vergleich), comparing the latter with the Polish regulation of court conciliation proceedings. This analysis leads to certain conclusions regarding the inspiration that the Austrian legislation may serve as in future.