Avoidence of conflicts and solution
Conflicts are an inevitable part of life, whether personal or business. Agreements are denied, interpreted differently by the parties to them or not performed, and even in the absence of agreements the parties inflict damage on each other, whether deliberately or unintentionally.
Most conflicts are resolved automatically, but for some assistance is required, to be provided by a host of lawyers, mediators and negotiators. Of all these an attorney is the one best equipped to resolve a dispute. He or she is the only person that can seize assets, start legal proceedings or file for the other party’s bankruptcy. The attorney has the largest toolbox for those purposes.
As a result, an attorney skilled in litigation is in a position, more than anyone else, to assess the chances and risks when a conflict cannot be resolved through negotiations or the use of means of pressure (such as suspension of payment or other performances) and legal action is required. An attorney can also take a twofold approach, i.e. negotiating on the one hand and conducting legal proceedings on the other.
At Legaltree litigation (either in court of by arbitration) is at all times regarded as a means, not as an end as such. Most important is the conflict and the way it is resolved and/or controlled. A party should get out of a conflict in the best possible manner, a process influenced by all sorts of factors, such as the nature of the conflict, but also the costs and the attention to be paid to the solution, the relationship with and the position of the other party and the attention paid to the conflict by the market and/or the media.
Before taking up your case, the attorneys at Legaltree will discuss these factors with you. Next they will in detail discuss with you any action that is required â€“ decisions taken at the start of a conflict (or even before the conflict has emerged) often make the difference between a solid and quick settlement or years of litigation, and even if lengthy proceedings are inevitable, their course may still be greatly influenced, particularly in the early stages. For these reasons it is essential to consult an attorney in time regarding a possible conflict.
Legaltree can assist you with the following proceedings. Of course this will include the important preliminary process of taking up positions and conducting negotiations:
– Interlocutory proceedings
– Proceedings on the merits
– Protective measures (provisional examination of witnesses / expert opinions / seizure of assets)
The following partners are specialized in avoidance of conflicts and solution.