Negotiations are conducted for various reasons. For example, Valegis has experience in conducting negotiations for a merger or acquisition, where it is not uncommon to conduct extensive due diligence investigations. Another reason to enter into negotiations is to avoid going to court. Especially in the case of long-term relationships, such as between employer and employee or franchisor and franchisee, an extrajudicial solution can contribute to the preservation of the relationship.
Valegis advises its clients during negotiations and, if necessary, records the agreements made in a written (settlement) agreement.
Binding advice / arbitration / mediation
If the parties themselves are unable to find a solution to a dispute, there are other ways of resolving the dispute in addition to court proceedings.
Sometimes it is necessary to involve a third party in the dispute. A mediator can act as a conflict agent (e.g. in labour disputes). Parties can also ask an independent third party (e.g. a (former) judge) to give binding advice.
Valegis also has experience in assisting clients before various commissions and disciplinary bodies, such as:
– The medical disciplinary board;
– the brokerage disputes committee, and
– the Financial Services Complaints Institute (in Dutch referred to as Kifid).
These bodies/committees especially offer a solution to consumers who have been harmed.
It regularly happens that (professional) parties opt for specialised arbitration institutes, such as the Construction Industry Arbitration Council. Based on the New York Convention, an arbitral award is recognised (virtually) worldwide, which can offer advantages in terms of enforcement.