Conflict avoidance & resolution
Conflicts happen everywhere. Agreements that are not kept or are interpreted differently, a party that deliberately or accidentally causes damage to another party, or government measures that cause problems. Fortunately, conflicts are usually resolved, amicably or otherwise. However, there are also conflicts that cannot be so easily resolved. In such a case assistance is required, which may come from several sides, such as from a lawyer, a mediator or a negotiator.
It is the lawyer in particular who can exercise the most leverage in the event of a conflict, for lawyers have a wider range of means at their disposal to force through a solution, such as attaching assets, initiating proceedings or filing for the bankruptcy of the other party.
If on top of the above the lawyer is also an experienced litigator, he or she will be able to accurately assess which route offers the most chance of success: conducting negotiations or exerting pressure, such as suspending payments or taking other measures? Or should the matter be taken to court at once? A lawyer can also be active in several fields at the same time: negotiations may be conducted side by side with legal proceedings.
Initiating legal proceedings – be it before a court of law, before an arbitral tribunal, or or against a government body – for that matter is the last resort for Legaltree in its attempts to resolve a conflict. Our aim is first and foremost to find the best possible solution for a party, which goes beyond the outcome of the conflict. At least as important are the costs and the time spent on finding a solution. Also relevant may be the future relationship with the other party, while attention for the dispute in the media may yet be another aspect to consider. All these are matters that we will carefully discuss with you beforehand.
Only after the above matters have been dealt with, will we jointly discuss the next steps. Often, a decision at the start of a dispute – or even well before a matter turns into a dispute – can make the difference between an efficient solution and years of litigation. And if ultimately lengthy proceedings appear inevitable, it will still remain possible to bring about a favourable turn of events at an early stage in the proceedings.
- Preliminary relief proceedings
- Proceedings on the merits
- Statement of views or Objection
- Measures resorted to prior to proceedings (preliminary witness examination/expert opinion/attachments)