Is it impossible to reach an agreement without litigation? Is the mediator engaged by us really independent? Can I as a private individual make use of mediation?
Negotiation, mediation and collaborative negotiation are part of alternative dispute resolution. Alternative dispute resolution can be conducted out-of-court or through legal proceedings. Moreover, any matter or dispute can be taken up for alternative dispute resolution.
Our firm has very wide-ranging experience in alternative dispute resolution. We provide this to companies, governments, local authorities and private clients alike. Adlex advocaten & bemiddelaars has several accredited mediators and collaborative lawyers.
As we have already stated, there are three forms of negotiations: regular negotiations, mediation and collaborative negotiations.
- Negotiation is the process whereby at least two parties with differing interests want to achieve certain goals but depend on each other for the achievement of the same.
- Mediation is a legally recognised way of jointly seeking solutions to the conflict on a voluntary basis. The mediator is an independent, neutral and impartial ‘third party’. The mediator provides support for the process. He/she ensures that the parties involved feel that their interests are heard. He/she helps them to jointly find a solution on their own. The agreement so reached is called the mediation agreement. A mediator ensures a professional approach and works in conformity with a code of ethics that ensures independence as well as confidentiality. This form of mediation is a legally recognised method.
- Collaborative negotiation is another form of amicable dispute resolution. The aim is again to resolve the dispute through negotiations. Each party is assisted by a recognised collaborative lawyer. A collaborative lawyer moves beyond his traditional role of opposing the other party, and tries to find ‘creative solutions’ and to bring parties to an agreement jointly with the collaborative lawyer of the other party. Unlike mediation, collaborative negotiation does not involve a neutral third party.
The mediation experts of Adlex advocaten & bemiddelaars enhance their knowledge through regular scientific publications and their links with academic institutions. You can also regularly meet our experts as speakers at seminars.
