If mediation does not work? Then choose arbitration
Have you ever thought of arbitrage? There are different ways to resolve conflicts before you opt for arbitration.
Solving a conflict together is always preferred. Do you want to know if that is still possible? Please contact me.
Resolving conflicts via:
Arbitration = personal judge
Do you disagree with your employee / employer / cooperation partner?
You both can’t find a mutual agreed solution?
Do you have a dispute about the interpretation of a contract?
Are the differences too far apart that mediation does not work (anymore)?
Is the step to the judge too expensive or too public?
It’s annoying ending up in this situation. Do you want to solve the conflict without too many costs? Is it important to keep the conflict behind closed doors? Then arbitration is the solution.
Only with commitment from both parties
As with the court, the claimant will send a notice of arbitration to the other party. If the other party agrees, all arguments will be submitted to the arbitrator. The arbitrator then makes a decision that is binding. Both parties have declared in advance that they will accept the decision.
Each party will have the opportunity to defend his or her view of the conflict, possibly together with a lawyer. This can be with one independent arbitrator. It is also possible that each party appoints an arbitrator in which case both arbitrators choose a third independent arbitrator to form a panel. An arbitration is always impartial.
No more influence on the verdict
Once you have agreed to an arbitration session, you will no longer have any control over the result. The judgment is binding and laid down by law. If you do not stick to the verdict, this can be settled through the courts. The judge will then not re-examine but will take over the arbitrator’s decision.
I am officially registered with the ADR-international register as a Full Certified arbitrator. Arbitration is the last phase in resolving a conflict. If mediation does not work and you do not opt for arbitration, then only going to court is still possible to get clarity about the conflict.
I use my expertise with a specialisation on media related conflicts. Because I have worked in the media industry for 40 years, I know exactly how conflicts arise, but also how we can prevent them or solve them quickly.
The media industry is erratic. Changes are happening fast and a lot is being done with broadcast agents or producers. The differences of opinion are often about the content or the execution of the media expression. Sometimes the differences of opinion are so great that conflicts arise. It is smart to deal with conflicts directly before they become bigger. Talk to each other! Be open to everyone’s opinion. Do you find that difficult? Then contact a mediator.
I prefer to work together with both parties to resolve a conflict together. If that does not work (you think) then arbitration can be a solution. Depending on the scope of the dispute, I work alone or together with fellow arbitrators. Always in an odd number to prevent striking votes.
What is arbitrage? Is there a legal statement?
The judgment of the arbitrator is regulated by law. A decision is binding and can not be revoked. Both parties will have the opportunity to defend their position. It is possible to request support from a lawyer. As an arbitrator, I am impartial and independent. I judge the argumentation and then make a binding statement.
Arbitration or court?
An alternative to arbitration is to go to court. A lawsuit often takes a long time and is expensive. Arbitration is a quick and cheap alternative to help resolve a conflict. The time that one has to wait at a lawsuit is often a breeding ground for the conflict. As a result, the conflict is getting bigger and bigger. In addition, a lawsuit is public, and an arbitration session takes place behind closed doors.
Commitment from both parties
Arbitration is only possible if both parties agree in advance with the judgment. The statement cannot be ignored. Arbitration is a private case law and the advice is binding and regulated by law.
My experience is that the speed of the decision brings a lot of relief to both parties. Even with the ‘losing’ party. There is clarity, both parties can continue and get energy again to continue with other matters.