Besides judicial proceedings, there are different forms of alternative dispute resolution where we can also assist you.
In some cases, the parties manage to overcome their differences by negotiating directly. Nevertheless, this is not always successful and can sometimes even cause the dispute to escalate.
In that case, the parties may seek the professional, practical expertise and advice of a lawyer who will lead and keep the negotiation process on the right track, ideally with a view to avoiding a lawsuit in court. Negotiations like this may be conducted both verbally and in writing.
Even if those negotiations fail to get underway or do not lead to an acceptable result, other avenues still remain open to the parties.
Litigation, where the dispute is settled by an independent and impartial judge, is just one of several options.
The parties may also opt for arbitration. This is a form of dispute resolution where an impartial arbitrator - or panel of arbitrators - appointed by the parties issues a binding decision in the dispute. We can either assist you or represent you in such arbitration proceedings.
A third alternative form of dispute resolution is mediation. In mediation, the dispute is decided not by a third party but by the parties themselves, who negotiate between them and reach a decision with the assistance of a neutral third party. This third party, the mediator, keeps the mediation process on track. Alternative forms of dispute settlement will continue to play an increasingly important role in our legal system as lawmakers have given the courts the power to encourage parties to seek mediation first before engaging in further litigation. Our firm has already successfully helped several clients involved in a mediation procedure.
We have the necessary expertise to advise and assist you with respect to alternative forms of dispute resolution. As a general principle, our firm makes it a priority to assess, for every dispute, the expediency of going through the courts versus giving preference to alternative dispute resolution.
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