Alternative Dispute Resolution Methods

In the face of the complexity and length of traditional judicial procedures, alternative dispute resolution methods offer effective, quick, and tailored solutions to the specific needs of each conflict. Our firm supports you in the selection and implementation of these alternative methods.

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Mediation is a voluntary and confidential process in which a neutral and independent third party, the mediator, facilitates dialogue between the conflicting parties to help them find a satisfactory solution on their own.

At a time when the Belgian justice system is unfortunately becoming increasingly deficient and where it takes years to obtain a final decision, resorting to mediation is increasingly seen as the best solution to allow parties to resolve their disputes and to dedicate their energy to something other than this conflict.

Mediation is particularly suited to any dispute where the personal relationship between the parties involved is important, as it allows for going well beyond strictly legal issues or claims that would be brought to court, but also helps to understand the underlying reasons for the dispute and, very often, to pacify the relationship between the parties and restore, if not a lasting relationship, at least a more peaceful relationship that will lead to a solution.

It is therefore particularly suitable for all disputes between shareholders, business partners, and all family or inheritance-related disputes.

It is also very useful in significant disputes where resorting to expert opinions would make judicial procedures even longer.

Mediation is a voluntary and confidential process, which allows for much more candid and open discussions, none of which can be reproduced in court if no agreement is reached.

Conversely, a settlement agreement can be approved by the court as long as the mediation was conducted by a certified mediator and is therefore subject to enforcement without the need for a lengthy judicial process.

The role of the mediator is not to decide or to say who is right or wrong. Their role consists of:

Créer les conditions favorisant l'information et la compréhension mutuelle des parties

Faciliter la communication au sujet des difficultés et attentes réciproques

Encourager la recherche de solutions répondant aux besoins de chacun

Permettre une négociation respectueuse, efficace et franche

Accompagner la conclusion d'une transaction qui aura beaucoup plus de chances d’être exécutée volontairement à l’issue du processus.

Within the Concordes Law Firm, Mr. Patrick Kileste has been working as a mediator for over 20 years and is frequently appointed by the counsel of parties in dispute or by the courts.

Arbitration is a method of resolving disputes organized by Articles 1676 and following of the Judicial Code.

Arbitration is a form of private justice whereby the parties entrust one or more arbitrators with the task of resolving their dispute.

The arbitral decision (award) can be subject to validation before the courts through an exequatur procedure, which then grants the award the same enforceability as a judgment.

Arbitration is particularly valued for offering the following advantages:

Choice of competent arbitrators in the field, which is unfortunately not always the case with state judges;
Confidentiality of the procedure;
Speed of the procedure.

The mandatory third-party decision is an alternative dispute resolution method established by the French Order of Lawyers of the Brussels Bar, whereby the parties appoint a third party, who is neither an arbitrator nor a judge, to rule on one or more disputed legal or technical points, through a decision that, like a contract, will serve as law between these parties.

This method allows for the resolution of specific points of disagreement without engaging in a full judicial or arbitral procedure.

Based on recognized expertise in alternative dispute resolution methods, we advise you on the choice of the most appropriate method for your situation and support you throughout the process, whether as:

Advisory Council for Mediation or Arbitration

Certified mediator