which method of dispute resolution to choose for ... - lydian · lydian brussels office tour &...
TRANSCRIPT
As lawyers we like defending our clients before Courts or a panel of arbitrators.
However, we are aware that these methods of dispute resolution are not always the most appropriate and efficient,
at least not in first instance. We therefore advise our clients to consider negotiations and mediate if possible. This is
also in line with the current intentions of the Belgian legislator.
In order to help you choose the most appropriate method, we provide you with a schematic comparison of these
methods (advantages and disadvantages) at the back of this sheet, after a brief description of the four methods of
dispute resolution.
• Negotiations allow the parties - without the intervention of third parties, with the possible exception of their
respective lawyers - to find an amicable solution to their dispute in a settlement agreement.
• Mediation is a structured and confidential process of voluntary consultation between parties in conflict, with the
intervention of an independent, neutral and impartial third party that facilitates communication and invites the
parties to find a solution to their dispute themselves (see our mediation fact sheet). If successful, it also leads to
a settlement agreement or a consent judgement.
• Legal proceedings are initiated by one of the parties involved in the dispute. The parties have control over the
procedure and may, if necessary, have it suspended. After the exchange of written and oral pleadings, the judge
acts as a third party decision-maker and passes judgement, against which, in principle, an appeal can be lodged.
• Arbitration is an alternative and private method of dispute resolution in which an odd number of specialized and
impartial arbitrators make a final, binding and confidential decision. The arbitrator acts as a third party decision-
maker. There are different kinds of arbitration, which allow notably to choose the place, the language and the
applicable law (see our arbitration fact sheet).
Ideally, it is important in the business world to consider the preferred method of dispute resolution already during
contract negotiations, and not only when a dispute arises (concerning contractual disputes). As such, it is clearly
much easier to start mediation or arbitration or to institute court proceedings if the contract provides for this. Or, as
the slogan of the Bar Association puts it, « a lawyer better sooner rather than later ».
WE REMAIN AT YOUR DISPOSAL FOR ANY QUESTIONS:
Which method of dispute resolution to choose for your dispute?
LEGAL INSIGHT. BUSINESS INSTINCT.
HUGO KEULERS
Partner
Commercial & Litigation
T +32 (0)11 26 00 40
T +32 (0)2 787 90 90
ANNICK MOTTET HAUGAARD
Partner
Commercial & Litigation
T +32 (0)2 787 90 13
YVES LENDERS
Partner
Commercial & Litigation
T +32 (0)3 304 90 08
© L
ydia
n, O
cto
ber
2019
Lydian Brussels Office
Tour & Taxis
Havenlaan 86c b113
Avenue du Port
1000 Brussel - Bruxelles
België - Belgique
T +32 (0)2 787 90 00
F +32 (0)2 787 90 99
www.lydian.be
Lydian Antwerp Office
Arenbergstraat 23
2000 Antwerpen - Anvers
België - Belgique
T +32 (0)3 304 90 00
F +32 (0)3 304 90 19
www.lydian.be
Lydian Hasselt Office
Thonissenlaan 75
3500 Hasselt
België - Belgique
T +32 (0)11 260 050
F +32 (0)11 260 059
www.lydian.be
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© L
ydia
n, O
cto
ber
2019