News
01.06.2011

Alternative Dispute Resolution

When advising our clients it is always our aim to – as far as possible – try and avoid disputes arising between the parties. However, good advice and effective prior risk management can only reduce the risk of a dispute arising; it cannot completely exclude it. Should a conflict arise we will use all our experience to assist you with resolving the dispute.
One possible means of dispute resolution can be a legal action before the ordinary courts. However this can be drawn-out and very costly and often can have a negative impact on the future relationship between the parties. In many cases – even though not in all cases – it can therefore be preferable to pursue an alternative method of dispute resolution. Often conflicts can thus be resolved more quickly and more straightforwardly. The likelihood of continuing the business relationship between the parties is also often considerably higher.

 

Our Team has acted in the field of alternative dispute resolution for a long time and particularly offers you the following services:

  • ArbitrationWe advise our clients on the drafting of arbitration clauses even before any dispute has arisen. Should it come to arbitration proceedings, we can call on more than 20 years of experience of acting as arbitrator and of representing parties in national and international arbitration cases. Our expertise includes proceedings before the Deutsche Institution für Schiedsgerichtsbarkeit (DIS) [German Institute for Arbitration], the International Court of Arbitration of the International Chamber of Commerce (ICC), the American Arbitration Association (AAA/ICDR) and the Court of Arbitration for Sport (CAS). We also have extensive experience in complex ad-hoc arbitration proceedings. In addition, we are recognised specialists for setting up and managing dispute resolution procedures, which are specifically tailored to the client’s needs. For example we have developed and operate a novel, independent and highly efficient arbitration procedure for the International Basketball Federation (FIBA) – the Basketball Arbitral Tribunal (BAT) – for resolving disputes between professional players, agents and clubs. The success of this arbitral tribunal is demonstrated, in particular, by the fact that in less than four years since its creation nearly 200 requests for arbitration have been received by the BAT.
  • MediationSome cases are more suited to letting the parties find their own fair resolution than to seeking the binding decision of a judge or arbitrator to resolve the conflict. The most widespread mechanism for this is mediation. You can also use our capabilities in this kind of dispute resolution, where we will act as your legal representative or as a mediator certified by the German Law Society.
  • Other Forms of Alternative Dispute ResolutionThere are numerous other possible forms of alternative dispute resolution, for example a mini-trial, med-arb, conciliation or adjudication. Here too we are your competent partner due to the depth of our experience in the field of dispute resolution.