In the current age, most business disputes can be solved much faster and more efficient than through litigation. This is the reason why the lawyers of our firm are also mediators and arbitrators.
When parties bring their case before the court, they put their fate in the hands of a person who will make a decision in their place. Judges’ have the task to, within the confines of the law and the demands of the parties, end the dispute and decide in favour or against one of the parties. This narrow vision can be found in every legal system.
The success of an enterprise requires much more flexibility and the opportunity to choose. An immediate choice to litigate before the court, without considering other options – how useful the court can be in particular situations – isn’t always advisable.
An entrepreneur must be aware that he/she has a variety of options in any dispute. The best option is usually the one that best meets the main commercial interests.
A healthy dispute management policy is not limited to procedures before the judge. Rather, such policy will also include other options, depending on the situation. These options can include, for example, mediation, conciliation, case evaluation, review by the dispute review board, ombudsman, collaborative law, settlement counsel, mini-trial, expert determination, arbitration, med-arb, arb-med, arb-med-arb, etc.
The most commonly known alternatives to litigation are mediation and arbitration:
- Mediation is a structured negotiation process, in which the parties solve the dispute themselves with the help of a neutral professional (the mediator). The mediator does not make a decision for the parties. People search in one or more sessions, together with the mediator, the best solution for their dispute.
- Arbitration can be described as a ‘private’ procedure in which the settlement of the dispute is handed to one or more persons, also called arbitrators or referees. The decision is binding. Arbitration allows the parties, on a confidential basis and within a reasonable period of time, to obtain a decision that was taken by one or more persons with the required expertise.
It is our goal to guide our clients in the most efficient way and sufficiently inform them in making the right legal-commercial choices. The making of right choices contributes to their commercial success.
Clients must be able to rely on the expertise and experience of our firm. The associates of our firm guarantee a profound knowledge and are aware of the most recent developments. Furthermore, they are academically active, publish frequently and even aid policy makers in ameliorating existing rules of law.
Clients must be able to confide in the fact that their file is in the hands of our well-organised team. Our team guarantees continuity, synergy and an integrated management of your file.