Not every dispute has to be settled through the courts.
Not every dispute has to be settled through the courts.
Alternative dispute resolution is not automatically faster or cheaper than court proceedings. The chosen rules, parties’ cooperation, volume of evidence and need for urgent relief determine the position. A contractual clause may also restrict the available route.
We therefore first assess the applicable dispute resolution clause and your objective: a binding decision, a commercial settlement or an expert opinion on one issue. For international disputes, the location of assets available for recovery also matters.
Arbitration rests on a valid arbitration agreement. Parties may choose an institution and rules, such as those of the Netherlands Arbitration Institute, or a differently structured procedure. The seat of arbitration, appointment of arbitrators, language and applicable law must fit together.
Arbitrators may contribute legal, technical or commercial expertise. This comes with tribunal fees and any administrative costs. Confidentiality must follow from the applicable agreements and rules; it is not automatically fully assured in every process.
An arbitral award has its own enforcement rules and remedies. Setting aside by a state court is not an ordinary appeal in which the entire dispute is reassessed. For enforcement abroad, the New York Convention may be relevant, alongside national procedures and treaty grounds for refusal.
In mediation, an independent mediator facilitates negotiations. The mediator does not decide who is legally right. Parties retain influence over the outcome and can agree matters a court would not order as such, for example continuing a collaboration or arranging a phased departure.
Voluntary participation does not make every previously agreed mediation clause meaningless. The wording and circumstances must be assessed. Also address confidentiality, participating advisers and authority to settle. Watch statutory deadlines: discussions with a mediator do not automatically suspend limitation or appeal periods.
We can advise you as your lawyer before and during mediation. Any settlement should clearly address payment, performance, final discharge, security and the consequences of non-performance. A signed agreement does not in every form immediately constitute an enforceable instrument.
With binding advice, parties contractually submit a particular dispute to a third party for decision. This may suit a valuation, accounting issue or technical point. The terms of reference must clarify which questions will be decided, what information will be used and how the parties will be heard.
Challenging binding advice involves a different framework from appealing a court judgment. Enforcement also differs from that of an arbitral award. We therefore assess whether the intention is truly a binding decision or merely an expert report that may later serve as evidence.
An alternative route does not remove the need for immediate protection. Examples include preventing information loss, securing recovery or temporarily continuing a service. Options before arbitrators, in emergency arbitration or before a state court depend on the applicable framework.
We align protective measures and evidence gathering with the main dispute. An unclear combination of mediation, binding advice and arbitration may instead create new jurisdictional disputes. Specify the purpose of each step and when the next becomes available.
No. The arbitration agreement, rules and any related court proceedings must be examined. Make specific arrangements about pleadings, hearings and the award where confidentiality matters.
A valid agreement may create binding obligations. Direct enforcement, however, requires an appropriate enforceable instrument. We advise on documenting the settlement and any security.
Contact us to review a dispute resolution clause or an existing conflict. We compare routes by their legal effect and practical feasibility.
