Mediation and Other Methods of Alternative Dispute Resolution

Alternative dispute resolution (ADR) refers to all means or procedures agreed upon by the disputing parties, with the assistance of a neutral third party, to reach an amicable settlement without resorting to traditional judicial or administrative dispute proceedings. The main types of alternative dispute resolution are mediation and arbitration. For more details, an information brochure and a brochure with practical examples of mediation are available.

Mediation is a structured process for alternative dispute resolution on a voluntary basis, with the goal of enabling the parties to a legal dispute to find an agreeable solution to their dispute themselves. The process is facilitated by a mediator acting as a neutral third party and can also be used during, i.e., in parallel with, invalidity proceedings, patent opposition proceedings, or trademark opposition proceedings (not least during the cooling-off period).

If you are involved in a legal dispute concerning industrial property rights or if a legal dispute is imminent, you can select a mediator from the relevant list at the Ministry of Justice. For details, please contact the selected mediator using the contact information provided in the Austrian Ministry of Justice’s list.

At the European level, the Patent Mediation and Arbitration Centre (PMAC), established within the Unified Patent Court (UPC), serves as a central point of contact offering alternative dispute resolution (ADR) procedures in patent matters. As an institution specializing in patent law, the PMAC thus complements court proceedings before the UPC by offering the possibility of achieving a customized, confidential, and more cost-effective resolution of disputes with the assistance of a neutral third party.

With regard to EU trade marks and EU designs, the EUIPO offers mediation and other ADR services to parties in inter partes proceedings (litigation) before the EUIPO through its own Mediation Center.

In addition, parties or affected individuals in a dispute over industrial property rights may request mediation proceedings at the Arbitration and Mediation Center of the World Intellectual Property Organization (WIPO). Informal inquiries and mediation requests as well as the entire procedures may be submitted in German via email to: arbiter.mail@wipo.int. The entire procedure can be conducted online – more information can be found here and in the WIPO Rules for Mediation. A cost overview for a mediation procedure can be found in the WIPO Schedule of Fees and Costs in USD. A currency conversion table is provided to assist with calculations.