Litigation and mediation

Dispute resolution
Naturally, we all want to avoid conflict, but when a dispute does arise or seems likely, good advice is essential. Often, there are more ways to resolve a dispute than is initially assumed.

Mediation
In some cases you may be able to sit down with your ‘opposing party’ and a mediator to find a solution and make firm agreements. If the opposition is a family member, friend, colleague, employer or neighbour, mediation is a particularly worthwhile option. Marjolein Clijsen is our specialist for any queries concerning mediation and can refer you to one of our firm’s qualified mediators, based on the nature of the case.

Civil proceedings
Clients with queries about legal proceedings involving family law or inheritance law can contact Marjolein Clijsen; for other queries connected with civil procedural law , please contact Roel Mertens. Examples include proceedings on the merits of a case, third-party actions, interventions and joinders in third-party proceedings, preliminary relief proceedings, compelling parties to issue documents, examination of witnesses, levying prejudgement attachments (attachment of earnings, bank balances or other goods), execution of attachment orders, lodging appeals and conducting enforcement dispute proceedings.

Corporate litigation
Conflicts can also arise within a company. We have the requisite expertise in corporate litigation to handle inquiry proceedings, buy-outs, annual accounts proceedings, proceedings involving works councils’ right to prior consultation and so on. Please contact Roel Mertens.

Law of administrative procedure
Queries concerning the instigation of legal proceedings over specific government conduct can be directed to Ralf Vlecken. The law of administrative procedure covers objections and appeals concerning all manner of rulings and decisions, for instance regarding rules that affect a person directly and individually, issuing (or the refusal to issue) permits or other types of decisions, administrative fines, orders subject to a penalty and administrative enforcement. Administrative court proceedings can further be instituted over compensation of damages, and an administrative court can also suspend provisional rulings via a temporary injunction until a definitive ruling is issued.

Arbitration and binding opinions
If the subject of a dispute is technical in nature or requires substantive knowledge on the part of the adjudicators, it may be preferable to seek arbitration or a binding opinion instead of starting a lawsuit. In some cases, this is the best option for finding a definitive, enforceable solution. Alternative forms of adjudication can also be stipulated in advance, as is common in the building sector. Where no such arrangements are in place, you can propose this to your counterparty. To learn more about arbitration and binding opinions, please contact Bert Lejeune.

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