Alternative dispute resolution
Negotiation, mediation and collaborative negotiation are forms of alternative dispute resolution (ADR). They give parties the opportunity to resolve a dispute in a way other than through traditional court proceedings. This may take place entirely outside the courts, but also during or in the context of ongoing legal proceedings.
Alternative dispute resolution can be used for many different types of disputes and at different stages of a conflict. The aim is always to reach a broadly supported, efficient and sustainable solution.
Adlex lawyers & mediators has extensive experience in alternative dispute resolution and assists companies, public authorities, local governments and private individuals. Our firm includes several accredited mediators and accredited collaborative lawyers.
There are several forms of alternative dispute resolution. The principal ones are negotiation, mediation and collaborative negotiation.
Negotiation
Negotiation is a process in which two or more parties enter into discussions with the aim of reaching a solution. The parties often have different or opposing interests, but depend on one another to achieve their objectives.
Good negotiation goes beyond simply exchanging positions. By identifying interests and needs, the parties can look for solutions that are acceptable to everyone involved.
Mediation
Mediation is a legally recognised and voluntary form of dispute resolution in which the parties, with the assistance of an independent, neutral and impartial third party, jointly seek a solution to their conflict.
The mediator does not take over the dispute and does not decide who is right. Instead, the mediator guides the process, ensures that the interests and positions of all parties are heard and supports them in finding a solution they can themselves support.
If the mediation is successful, the agreements reached can be recorded in a mediation agreement. An accredited mediator works in accordance with the applicable legal and professional rules, with independence and confidentiality among the core principles.
Collaborative negotiation
Collaborative negotiation is likewise aimed at resolving a dispute amicably, but differs from mediation because there is no neutral third party.
Each party is assisted by an accredited collaborative lawyer. The lawyers do not limit themselves to the traditional role of defending their own client’s interests against the other party, but commit to working together with the other lawyer and both clients to find a solution.
This creates room for creative solutions that take account of the interests of everyone involved. The starting point is not winning or losing, but reaching a mutually supported agreement together.
The mediators and collaborative lawyers at Adlex lawyers & mediators combine legal expertise with advanced knowledge of negotiation and conflict management. Our experts continue to develop their knowledge through academic publications, training and contacts with academic institutions.
Our experts also regularly speak at seminars and training events on alternative dispute resolution, mediation and negotiation.
