Not every dispute has to be settled through the courts.
Not every dispute has to be settled through the courts.
Not every dispute needs to be settled through the courts. Alternative forms of dispute resolution such as arbitration and mediation often offer quicker, more flexible and discreet solutions. The attorneys at Guldemond Advocaten have extensive experience with various forms of alternative dispute resolution and would be happy to advise you on the best route for your particular situation.
Arbitration offers significant advantages over regular litigation. It allows parties to submit their dispute to specialists in their field, who have not only legal but also technical or commercial expertise. In addition, arbitration guarantees confidentiality, which can be particularly important in business relationships. The procedure is often faster than in government courts and the award is more enforceable internationally.
Especially in international commercial disputes, arbitration is often the way to go. Our lawyers have extensive experience in proceedings at reputable arbitration institutions such as:
We guide the entire arbitration process, from the selection of the right arbitration institute to the enforcement of the arbitral award. In doing so, we draw on our international network of specialists when local expertise is required.
Mediation can be an effective way to resolve disputes without damaging the business relationship. As experienced litigators, we know that legal proceedings are not always the best solution. Mediation allows parties to reach a mutually acceptable solution under the guidance of a neutral third party. The benefits of mediation are obvious:
In addition to arbitration and mediation, binding advice can be an effective alternative to governmental jurisdiction. This form of dispute resolution is particularly appropriate when parties want a quick, expert decision on specific areas of dispute. We advise on the pros and cons of binding advice and guide you through the process.
The choice of dispute resolution is strategic in nature. We advise on appropriate dispute resolution clauses as early as the contract stage. In doing so, we consider factors such as:
Increasingly, we are seeing combinations of different forms of dispute resolution. For example, mediation can be combined with arbitration (Med-Arb) or an expert opinion can be followed by a binding opinion. We think with you about creative solutions that fit your situation.
Our experience in alternative dispute resolution spans a variety of industries:
In commercial disputes, arbitration is often the default, in part because of the good international enforceability of arbitral awards under the New York Convention.
In IT disputes, a combination of mediation and expert review can often lead to quick, workable solutions.
Specialized arbitration institutions exist in this sector that can quickly and efficiently resolve transportation-related disputes.
We support you in all aspects of alternative dispute resolution:
Are you considering arbitration or mediation, or want advice on alternative dispute resolution? Contact Guldemond Advocaten.
