Mediation in Austria: recent study findings on acceptance, usage, and barriers to access

• In Event: National Developments in Restorative Justice

Abstract

Alternative methods of conflict resolution, such as mediation, play a role not only in criminal law but also in other areas of public and civil law. In certain conflict settings, such consensus-oriented procedures can lead to more sustainable and legally peace-promoting resolutions and thus contribute to conflict prevention. Austria recognized this early with the Civil-Law-Mediation-Act (ZivMediatG) in 2004, which established a legal framework for mediation outside the field of criminal law.
But until now, Austria lacked systematic knowledge about the implementation of mediation. The research project "MEDIAS – Mediation as an instrument of dispute resolution and conflict settlement: application practice and effects", funded by the Austrian security research program KIRAS, systematically collected empirical data between 2023-2025 for the first time. Methodologically, the study employed a between-method triangulation approach, intertwining quantitative and qualitative methods. The results provide a basis for an evidence-based development of mediation and legal frameworks for conflict resolution.
This paper will address the acceptance, use, barriers to access and the outcomes achieved through mediation in Austria. The findings are based on a quantitative representative population survey (n=1,724), as well as separate surveys of mediators, judges, and lawyers.
The research findings indicate that mediation is still rarely used in Austria—only about 5% of the population has ever participated in mediation. The data highlight that factors such as age, educational level, and income situation significantly influence awareness and utilization of mediation. Additionally, various barriers to access can be identified. Both the population survey and the mediator survey suggest that, besides financial hurdles, other critical factors influence access to mediation—these will be presented and discussed in detail.
The results also reveal that for a broader adoption of mediation, increasing public awareness and financial support are important, but an individual and societal shift in conflict resolution approaches is also necessary.

Authors

• Hemma Mayrhofer, Depart­ment of Applied Soci­ol­ogy of Law and Crim­i­nol­ogy; University of Innsbruck

• Martina Koller, Institute of Applied Sociology of Law and Criminology, Universität Innsbruck, Vienna, Austria