Alternative Dispute Resolution
Arbitration and mediation are the two most common forms of alternative dispute resolution.
Arbitration is a way to resolve a conflict bypassing courts. Experts (arbitrators) decide on resolution of the conflict.
The advantage is that the parties can themselves appoint the arbitrator or arbitrators. For that reason, experts in a specific field or persons with knowledge of the customs and habits in a specific sector are appointed.
Usually this involves technical disputes, such as complex building disputes or international engineering contracts. Certain professional organisations or industry federations establish as a prerequisite that disputes between members must be made subject to arbitration. For example, the Antwerp diamond trade.
Mediation is an alternative form of dispute resolution whereby the solution for the conflict is not imposed by a court, an arbitrator or some other third-party decision making procedure, but whereby the parties themselves reach a solution for their dispute with the help of an independent and neutral mediator.
The great advantage of a solution by mediation is that the result is reached relatively quickly and is often cheaper than lengthy court proceedings with sometimes an uncertain result. But perhaps the greatest advantage is that the solution is accepted by the parties themselves.
The advantage of both mediation and arbitration is the confidentiality of the procedure.
Some of our attorneys are recognised mediators and/or arbitrators.
Naturally they can also act as counsel for a party in a mediation or arbitration procedure.