LIECHTENSTEIN Law and Practice Contributed by: Christoph Bruckschweiger, Benedikt König, Philipp Benda and Magdalena Marxer-Friedrich, paragraph 7
4. Other ADR Methods 4.1 ADR Procedures
The initiation of ADR procedures under the Alterna- tive Dispute Resolution Act or the Civil Law Media- tion Act has a suspending impact on the statute of limitations. Once such a process is formally started, the running of limitation periods for the claims in ques- tion is effectively suspended. This ensures that parties can engage in good-faith negotiations without the risk of their legal claims expiring, preserving their right to return to court if the ADR process does not result in a resolution. 4.5 Confidentiality Beyond the impact on timelines, the legal framework guarantees strict confidentiality. Also, the proceedings themselves are private and not open to the public. 4.6 Costs The compensation for mediators in Liechtenstein is typically based on hourly or daily rates agreed upon by the parties at the beginning. While private media- tion involves professional fees usually shared between the participants, proceedings before the conciliation office/ombudsman for consumers are fundamentally free of charge. In certain instances, consumers may be required to provide a nominal cost contribution. 4.7 Courts and ADR In Liechtenstein, the courts generally adopt a sup- portive and facilitative attitude towards ADR, including in particular mediation. Importantly, Liechtenstein law also supports the effectiveness of such pre-litigation or settlement-oriented steps through limitation rules. In particular, the commencement and proper continu- ation of mediation under this Act suspend the com- mencement and running of limitation periods and other time limits for asserting the rights and claims covered by the mediation.
Mediation is a widely available ADR method for civil disputes and may be initiated both prior to and after the commencement of court proceedings. Furthermore, the Alternative Dispute Resolution Act governs out-of-court settlement procedures for dis- putes arising from consumer contracts between Liech- tenstein-based entrepreneurs and consumers residing in Liechtenstein or the EEA. For disputes within the financial services sector, a specialised conciliation office/ombudsman serves as a dedicated ADR body. 4.2 Requirements to Engage in ADR Mediation in Civil Law Disputes Mediation is an ADR method available for civil law disputes in Liechtenstein, which can be initiated both before and after the commencement of court pro- ceedings. It offers a flexible framework where a neutral third party helps the participants reach a voluntary and mutually acceptable settlement. Consumer and Financial Sector ADR The Alternative Dispute Resolution Act provides a specific mechanism for out-of-court settlements between Liechtenstein-based entrepreneurs and consumers residing within the European Economic Area. For example, a conciliation office/ombudsman is installed to resolve disputes specifically within the financial services sector. 4.3 Impact of ADR Engaging in ADR is generally a voluntary process in Liechtenstein and does not prevent parties from later pursuing litigation or arbitration. One of the most significant legal impacts of for- mal ADR is the suspension of limitation periods, as explained in 4.4 Timing of ADR. 4.4 Timing of ADR In Liechtenstein, ADR typically takes place before a lawsuit is filed, as parties often prefer to resolve dis- putes discreetly and cost-effectively.
5. Costs, Fees and Funding 5.1 Legal Fees Court Fees and Attorney Remuneration in Litigation
In Liechtenstein litigation, court fees are regulated by the Court Fees Act ( Gerichtsgebührengesetz ). These fees are typically triggered at the commencement of
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