Conflicts can be complex and time-consuming. The right approach, however, makes a world of difference. At Moore Law, we can help you find the most appropriate solution – whether via the courts or by means of an alternative method that saves time and costs.
In addition to court proceedings, several forms of amicable dispute resolution are available, including:
- Direct negotations (with the help of lawyers)
- Amicable settlement (led by a judge, with support from lawyers)
- Mediation (led by a mediator, with legal support)
- Collaborative negotiations (guided by lawyers)
- Arbitration
- Binding third-party decision
In some cases, these methods can be combined to achieve an optimal solution.
The role of the court
In judicial proceedings, the court may consider whether the parties have previously tried to resolve the dispute in an amicable way. In certain cases, the court may even order mediation. Our experts are ready to advise you on the best approach in your situation.
Direct negotiations
In direct negotiations, the parties seek an amicable solution together, possibly with the help of lawyers. If an agreement is reached, it is recorded in an agreement that precludes further legal action. This method is quick and flexible, and the degree of confidentiality depends on the lawyers involved.
Amicable settlement
An amicable settlement takes place under the direction of a judge, who helps parties reach an agreement. The agreement that is reached acquires the same force as a court judgment. If a settlement fails, the parties can still opt for court proceedings or another form of dispute resolution.
Mediation
In mediation, an independent mediator facilitates the negotiations between the parties, while lawyers monitor the legal frameworks. Mediation is voluntary and confidential. An agreement reached can be ratified by the court, giving it the same value as a judgment. Our expert mediators and lawyers are ready to assist you in this process.
Collaborative negotiations
This method of negotiation is structured and confidential, but proceeds without a mediator. Both parties are assisted by their own lawyer, who helps them arrive at a lasting solution. If negotiations fail, the lawyers involved must withdraw and may not continue to represent their client in court proceedings. We will ensure that you are well prepared and will guide you to a successful negotiated solution.
Arbitration
In arbitration, the parties themselves appoint one or more arbitrators to make a binding ruling. This method is especially suitable for business disputes, because it is faster and more discreet than court proceedings. Arbitration does require a contractual agreement between the parties involved, however. Our experts will advise you on how to use arbitration most effectively in your situation.
Binding third-party decision
A binding third-party decision is where the dispute is settled by an independent third party. This method is less formal than arbitration or court proceedings, but the decision is binding.
Need some advice?
Want to know which method best suits your situation? If so, please get in touch with our experts for specialist advice.