Mediation
Methods of Alternative Dispute Resolution
As in other countries also in the Netherlands there are signs that the traditional legal system has become overloaded, leading to long delays in bringing cases to conclusion. Further, taking into account the cost of litigation, either through the State Courts or through arbitration, this has been an incentive to look for other, quicker and more cost efficient ways to solve (commercial) disputes. There are many reasons to consider Alternative Dispute Resolution (ADR), apart from saving time and money, rather than proceeding through the court system, or through arbitral proceedings. Disputes often involve parties who would ideally have a continuing business relationship for the particular project at hand, or for projects still to come. The use of ADR methods encourages people to work together at resolving the current disagreement and this will often result in an improved relationship for the future. In our advisory role we are promoting the use of ADR by explaining the advantages and disadvantages of e.g. Adjudication, Arbitration, Conciliation, Mediation, Mini-Trial and Litigation through the Public Courts.
Mediation may be initiated:
- through the incorporation of a Mediation clause in a contract;
- during judicial proceedings in Court or before an Arbitration Panel, the agreement of the parties; and on application by the parties.
Incorporating a Mediation clause in a contract is still done infrequently, but we believe such a clause may be of great assistance to the parties if it should ever come to a dispute that cannot be resolved by normal negotiations. Even if the parties are already involved in litigation, they may consider suspending these proceedings to give Mediation a try. The parties can even agree to mediate an isolated dispute first, before continuing the litigation that has been kept pending.
The choice of the mediator is of paramount importance. The mediator must have the training required to conduct Mediation properly and ideally he should also have substantive experience in respect of the issues that are in dispute. We can offer Mediation by a first class Mediator having in-depth knowledge of the Shipping and Transport industries.What we can offer
Arnold van Steenderen has passed the examination which qualifies him as Master of Dispute Resolution (ADR Specialist / Legal Mediator). He is a member of:the International Maritime Conciliation and Mediation Panel (Imcam) and is also registered as a legal mediator with the Netherlands Mediation Institute (NMI - www.nmi-mediation.nl); the Nederlandse Vereniging van Mediators in de Verzekeringsbranche (NVMV) and the Nederlandse Vereniging van Mediation Advocaten (NVVMA). If you are confronted with a situation where the court has advised the parties to consider Mediation we can also give you a sound piece of advice(Mediation Advocacy).Your primary contact: Arnold van Steenderen.