Alternative dispute resolution options

What is mediation?

It is a voluntary and confidential dispute resolution process conducted by a third party (the mediator) specially trained for this purpose, who is neutral, independent, and impartial.

The mediator makes every effort to restore dialogue between the parties, conducting constructive discussions with them in order to help them reach an agreement that is satisfactory for each of them.

Why resort to mediation?

• Mediation provides control over costs and time, often lower than traditional court proceedings, making the process both accessible and efficient.
• The mediation process is entirely confidential, ensuring that discussions and agreements remain private.
• Mediation takes into account the relational aspects between the parties, fostering a lasting and satisfactory resolution for everyone involved.
• The parties regain autonomy in the management of their conflict. Together, they seek creative and tailor-made solutions that allow them to move beyond the dispute. Since the solutions developed in mediation are created by the parties themselves, this ensures voluntary compliance and often more durable agreements.
• Mediation takes place within a framework defined by the Judicial Code, ensuring a structured and legally recognized process.
• Mediation has a high success rate.
• If the mediator is accredited, the parties may request that their agreement be approved by the court, thereby giving their settlement enforceable effect.

What is it?

It is a dispute resolution process that seeks to find common ground through dialogue and compromise.
It may be carried out directly by the parties in dispute, with a third person chosen by them, or through their lawyers, in which case the process remains confidential.
Negotiation is not subject to any specific rules or framework, nor does it require particular training on the part of those who practice it.

Why resort to negotiation?

• Negotiation is often less costly and faster than court proceedings.
• Negotiation can be attempted several times and at different stages of the dispute, as long as the parties consider it useful.
• The absence of a rigid framework allows for great flexibility. However, it is important to define the rules together, as the other party may not apply the same rules if they are not clearly established.
• The agreement reached may be confirmed in a judgment at the request of the parties, thereby providing legal recognition and legal certainty.

What is collaborative law?

It is a voluntary and confidential dispute resolution process that uses effective negotiation and communication techniques to help the parties reach an agreement that is acceptable and sustainable for each of them.

Collaborative law is carried out by the lawyers of each party, who are specifically trained in this process. This means that both the parties and their respective lawyers are directly involved.

The lawyers work together in the service of the parties and commit to withdrawing in case the process fails, in which case another lawyer will handle any subsequent litigation phase.

Why resort to collaborative law?

• With the support and guidance of their lawyer, the parties seek creative and tailor-made solutions that address each party’s priorities.
• The process offers control over costs and time, often lower than in traditional court proceedings.
• A climate of trust and security is fostered by the lawyer’s withdrawal in the absence of an agreement, which encourages honest and open negotiation.
• The process is entirely confidential, ensuring that discussions and agreements remain private.
• Collaborative law takes into account the relational aspects between the parties, promoting a lasting and satisfactory resolution for everyone involved.
• The solutions developed in this framework are created by the parties themselves, which ensures voluntary compliance and often greater durability of the agreements.
• The process is conducted within a framework defined by the Judicial Code, ensuring a regulated and legally recognized process.
• Collaborative law has a high success rate, with many disputes resolved in a satisfactory way for the parties.
• The agreement reached may be confirmed in a judgment at the request of the parties, thereby providing legal recognition and legal certainty.

What is it?

It is a dispute resolution process involving an independent third party who helps the parties find common ground. The conciliator plays an active role: they review the parties’ perspectives, give their opinion, and suggest options or solutions for settlement.

If the parties so decide, the process is conducted confidentially.

In certain cases, conciliation may also be carried out by a judge.

Why resort to conciliation?

• Conciliation is often less costly and faster than court proceedings.
• Conciliation offers great flexibility in the absence of a rigid framework. However, it is essential that the parties agree in advance on the terms of the conciliation in order to clearly define this framework.
• The agreement reached during conciliation may be confirmed in a judgment at the request of the parties, thereby providing legal recognition and legal certainty.

The Ombudsman: What is it?

An ombudsman is an independent service that receives complaints from individuals, businesses or organisations and helps them resolve their disputes through dialogue with each party involved.

Why contact an ombudsman?

• Free and independent service: the services of an ombudsman are free of charge, and the ombudsman acts with complete independence.
• The ombudsman receives complaints, checks whether they are admissible, examines the case and assesses the situation based on their expertise, the law and principles of fairness.
• The ombudsman seeks to reconcile the parties or ease tensions surrounding the dispute. They may propose a solution and, in certain cases, issue a non-binding recommendation.
• Ombudsmen operate in a wide range of sectors, both private (banking, insurance, consumer affairs, telecommunications, energy, travel, etc.) and public (the Federal Ombudsman, the Brussels Ombudsman, the Ombudsman of Wallonia and the Wallonia-Brussels Federation, the Ombudsperson of the German-speaking Community, etc.).
• For complaints concerning disputes between clients and lawyers (lack of communication, disputes over legal fees, etc.), a dedicated service is available: the Ombudsman Service for Lawyers of the French- and German-speaking Bars (Avocats.be). Complaints can be submitted by completing the form available on the website: https://dossier.ligeca.be/

What is it?

Arbitration is a dispute resolution process involving one or more arbitrators selected for their expertise in the relevant field, who are entrusted with deciding the case.

The arbitral tribunal issues a decision, known as an arbitral award, after hearing the parties and examining the evidence and documents submitted.

The award is binding on the parties and, if necessary, may be enforced just like a court judgment.

Why resort to arbitration?

• It allows the dispute to be resolved by arbitrators with specific expertise in a particular field, thereby ensuring in-depth knowledge.
• The parties have the possibility to define their own procedural rules, which may differ from those applicable before judicial courts.
• The arbitral award is generally final, with no possibility of appeal (unless otherwise agreed by the parties).
• The procedure and the decision resulting from arbitration are confidential, thereby protecting sensitive information.
• The arbitrator is impartial, which is particularly advantageous for international commercial disputes, offering a neutral alternative compared to the courts of the States in which the parties are established.

What is it?

It is a legal mechanism that allows parties in dispute to conclude a contract by which they undertake to comply with the decision of a third party, chosen by them, whose task is to tell the parties how they should resolve their dispute.

The third party is generally an expert or a specialized lawyer.

The decision made by this third party, which is binding on both parties, is called a binding third-party decision (BTD).

Why resort to a binding third-party decision?

• The BTD allows the resolution of a specific issue to be entrusted to a decision-maker with particular expertise in the field of the dispute, thereby ensuring specialized knowledge.
• The parties have the possibility to define their own procedural rules, which may differ from those applicable before judicial courts.
• The BTD is binding in the same way as an arbitral award, and the decision rendered is generally final, with no possibility of appeal (unless otherwise agreed by the parties).
• The procedure and the decision are confidential, ensuring that sensitive information and discussions remain private.