Besides the classic judicial procedure before the tribunals and the courts, there are alternative dispute resolutions.
The tribunals are bound and limited by solutions provided by the law. However, the legislator cannot foresee every solution to every specific situation.
Also, in court, there is always a ‘winner’ and a ‘loser’.
In order to accommodate with these typical problems in court and to be able to offer parties a satisfying solution, several alternative dispute resolutions were generated, such as mediation* and arbitration**.Mediation
In the process of mediation the parties appoint a third person, the mediator. This person will lead the conversation between the parties. During this process, the mediator will be neutral, impartial and independent.
The solution will be found by the Parties themselves. At any moment, the mediation process can be ceased. In principle, the parties share the costs of the Mediation.Arbitration
In an arbitration process, the parties appoint a third person, who will take a binding decision after hearing each party’s point of view. No appeal is possible. In principle, the parties share the costs of the arbitration.