With introduction of the KindNamRÄG in February 2013, the child custody law has radically changed in Austria. Numerous new regulations, which lay bigger attention to the child welfare as well as to extrajudicial arrangement of disputes, were created. Also the custody procedure was amended. The text of § 107 AußStrG says that now the possibility of the court consists on arranging a mandatory initial interview for mediation or an arbitration first conversation. Nevertheless the problem is the applicability in practice. There are often not enough responsible departments as well as regulations about the exact expiry of the procedure. Above all in the area of the arbitration the situation is still very unclear. Because the Austrian regulation is leant against the German one, is tried to find by a comparison a solution. Besides, differences as well as common characteristics can be ascertained. Differences would be, for example, the legal arrangement of the norm which increases the formal arrangement of the legal users, in addition, as well as certain procedure-juridical differences, as for example an acceleration order in Germany. Also on special model projects is to be pointed out. In spite of these differences common characteristics are also found for the most part. These would be that both procedures are not regulated legally. Especially in relation to the arbitration procedure, there is the problem in both countries. In the result can be said that concerning the arbitration the raising of a solution possibility is extremely difficult, while in the mediation procedure certain usage patterns can be quite useful for the Austrian legal practice.