Attain primal agreement

First of all, our rich experience and international success as a pioneer and trendsetter in the world-wide successful business mediation in Austria and other countries of the EU since the early 1990th. The Falk Group sees itself as an entrepreneur who understands practical-oriented the interests of entrepreneurs. Usability and practical relevance are the main topics of our philosophy. You will get safety for your success goals, also and especially in critical situations. Just like our services, all administrative processes are standardized transparently and understandable. Our consequent quest for "Business Excellence" is manifested in a measurable outcome, the acceleration of results and in a tightly associated claim for the highest quality with guaranteed success. Because the expense for a FALK Group Business Mediation Advisory does not only amortize, but in most cases its synergetic overall benefit exceeds the input by far.

The Falk Group Business Mediation accelerates e.g. critical projects and construction projects, delicate reorganizations or transfers of businesses as well as the management of business crises or the reworking of accidents. This improves, for example, the positive commitment of the staff, customer satisfaction, the interaction with business and cooperation partners or with the operating neighborhood. It increases the overall productivity of the company.

Our clear target for you is to accelerate the achievement of profitable success solutions in all critical business challenges. For a future prevention, communication and early detection as well as the legal frame are optimized target-oriented. Permanent cost reduction and improved vigor ensure also cost efficiency.

Addressees from all possible sectors are: companies of all sizes, public institutions, management teams or also constellations of two or three business partners. To optimize the results, either strategically mediatory, individual advisories with senior decision makers or team optimizations with managers are carried out in a "top down" process.

First of all: The costs for initial appointments with the FALK Group, are partially covered by the Chamber of Commerce or your legal protection insurance – just ask us. First, a target-oriented initial appointment with a duration of two hours must be arranged in order to clear the order. You can make use of it alone or with several people. There a first report with the following content is made and delivered electronically within 48 hours:

• a short evaluation of the written "target potential" test, which all participants can complete before the initial appointment,
• an estimation of your current situation and its solution potential from an external expert,
• if and how the FALK Group is able to accelerate the achievement of your personal targets and
• a flipchart-report with an initial visualization of the solution potential and of relevant partners of the system, elaborated during the initial appointment,
• if necessary (sometimes this target-oriented initial appointment is already sufficient) and as far as possible, an approximate estimation of the time and money further-needed, divided into phase-oriented packages.

 The fee for this success-oriented all-inclusive-package is only € 750, - (plus VAT) at our headquarter in Klagenfurt, within Austria there is an additional fee of € 180, - (plus VAT). This allows you to create the best basis for all further decisions.

Important for the success of the business mediation is the mediating integration or joining of disputants. Mediators under strongest legal obligation to confidentiality act as creative "catalyzers". They navigate the solution process between the parties by making the former disputants act actively and self-determined.  You control the solution process between the parties to cooperate in the previously opposing parties actively and self-determined. Step-by-step, misunderstandings will be cleared, working topics will be fixed, a time-table will be worked out, constructive interests for the future will be developed and after all, fair options for solutions will be created and agreed. Constructive interests, not positions or negations are negotiated.

In most cases, legal advice is provided by separate consultants who are involved in the process.

In principle it is possible. However, experience shows that the highest efficiency can be reached by face-to-face personal communication, in the presence of all parties. Telecommunication is recommended only as a supporting measure or in case of  imminent danger, if no alternative is possible.

The mediators of the Falk Group work internationally if the communication language is German or English. In the past, clients from Austria, Germany, Switzerland, Italy, Croatia, Slovenia and Liechtenstein got mediatory advice. In particular cases, mediation can be held also in another language area. Then, however, interpreters have to be called by the clients. According to the latest laws and binding EU-directives, the registered mediators of the FALK Group are allowed to work in the whole European Union.

The Falk Group places at the disposal of its clients its own business consulting rooms in the headquarter in Klagenfurt for free. Or, depending on where the clients are located or how large the group is, also in other appropriate locations, by arrangement and on payment of any costs by the clients.

Yes - a guarantee of success in the form of a success-oriented fee can be agreed upon request of the client/s (for more information to the fees, see below). Therefore, the desired outcome is determined together and it is checked if neutrality and role of the mediator can be maintained in accordance with § 1 ZivMediatG (Civil Mediation Law). Then the height of the success-oriented fee is set by mutual agreement. As reimbursement for availability and administration, an administration fee of 25% of the fixed fee (see above) plus necessary expenses and disbursements (charges etc.) has to be reimbursed by the client.

Yes! If you are a member of the Chamber of Commerce, an amount of € 500 for mediation advisory of the FALK Group concerning business contexts, will be reimbursed. We are pleased to help you with the formalities – just call us.

Yes - for the major part! Most legal protection insurances recently pay under the title “legal advice” your initial appointment at the FALK Group up to a certain amount (see above). Make in advance an inquiry at your legal protection insurance and arrange an appointment immediately upon receipt of the cover note. If you provide us with the information of the policy of your legal protection insurance, we are pleased to do it for you.

For long-term contracts, 50% of the total contract amount is due in advance after the start of the first contract phase according to the order description. The remaining 50% is due upon execution of each of the defined phases. Contingency fees are due upon achievement of the defined target. Fees for singular consultancies (mediation or advisories) or for training, seminars, congresses etc. have to be paid entirely in advance.

Beside the initial appointment (see “initial appointment” below), the fee agreement is possible in three different ways, at the request of the clients (see our terms and conditions):

a) Fixed fee per day or hour irrespective of the subject/content or the occurrence of success. The basis fee per day/hour for physical meetings in 2012 is € 2.500/350 (plus VAT), for travel times € 120 (plus VAT) per hour.

b) Especially agreed fee per day or hour, which depends on the value or the special size of the subject/content/effort (Law of Advocates' Fees). This irrespective of the occurrence of success.

c) Success-oriented fee. Therefore, the desired outcome is determined together and it is checked if neutrality and role of the mediator can be maintained in accordance with § 1 ZivMediatG (Civil Mediation Law). Then the height of the success-oriented fee is set by mutual agreement. As reimbursement for availability and administration, an administration fee of 25% of the fixed fee (see above) plus necessary expenses and disbursements (charges etc.) has to be reimbursed by the client.

Yes, absolutely! The Falk Group is working in business mediation or advisory exclusively with "registered mediators" and consultants from the list of the Austrian Ministry of Justice. Therefore, they are subject to an extremely rigorous and comprehensive "absolute" obligation to confidentiality according to § 18 of the Mediation law. This means that even in case of release by the clients, under normal circumstances, it is even not allowed to become a witness in court. Also our whole administrative staff and the cooperation partners of the FALK group are subject to this main principle of business confidentiality.

In order to control critical business situations in a success-oriented way, we have precise and clear principles and values. Our method is based on the principles of autonomy and self-responsibility. Voluntariness, respect and discretion are other pillars as well as clearness and simplicity. The interest, benefit and success of our clients and of their direct environment, which is included as a solution resource, are in the centre of our attention.

Our mediators and consultants as well as cooperation partners are highly experienced mediators and consultants with business experience who are committed to the values of the FALK Group. They are strictly selected according to their professional experience, expert competence, power of innovation, practical relevance of the service and the integrity of the acting persons. Their methods and tools are always up to the latest international state-of-the-art, they are continually trained and scientifically controlled. Our mediators and employees are also subject to the strict directives of the Mediation Law. Therefore, the Falk Group maintains the Austrian quality leadership in applied business mediation since the 1990th.

The mediators and consultants of the FALK Group stand totally by you, your success targets and agreements in the contract description. However, if during the execution of the contract, unforeseen circumstances arise, that make the continuation of work impossible for the Falk Group, or if the clients can take advantage for any reason, the FALK Group is allowed to cancel the contract in written form. However, in a future-oriented way and if possible, with an explanation to the clients in a personal appointment.

Simple structured contracts with regular meetings can be canceled at any time by each party, in written form and informally at least one week before the appointed meeting. More complex contracts in organizational or project context, have a contractual basis agreed upon contract bundles basing on each other and with clearly defined phases. Thus, our clients have a clear contract basis and can exactly calculate the business expenses comparing them with the benefits and the expected output. After the end of contract bundle 1, the entire contract will simply end and there has to be a separate order for the continuation of the anticipatory drawn contract bundle 2. Thus, the essential  voluntariness and necessary self-motivation of our clients can be saved in the best way.