Dispute Resolution

Although we recognise the increasing importance of alternative forms of dispute resolution (ADR); we have strong credentials in litigation before both the national and European law courts. Several counsels from FLINN have undertaken specialised training to act in mediation or arbitration proceedings as mediators or arbitrators or as counsel for a party. The choice of a dispute resolution forum should be of high importance to all parties. Our goal is to bring your case to a successful conclusion using the appropriate means in view of the best result.

• Mediation
  Mediation is a confidential dispute resolution process that can be used to resolve business and other issues between parties. Due to confidentiality, none of the documents / arguments discussed can be used outside the mediation. The parties agree to appoint a mediator and agree on the rules that will apply. Mediation is a voluntary process, so each party remains free to withdraw from it at any time. Parties are usually assisted by their respective counsels. The cost of mediation is normally borne equally by the parties. If you believe mediation would be an appropriate means to solve your particular issues and to sustain your important relationships in the long term (whether business or personal) FLINN can help.

• Arbitration
  The agreement to arbitrate, rather than go to the law courts, is usually expressed in an arbitration clause in a contract.  Also, certain specific laws and treaties contain the obligation to arbitrate rather than litigate. Arbitration is likely to be concluded in less time than litigation before the public courts. FLINN advises on the drafting and inclusion of arbitration clauses in contracts and on their effects if a dispute arises. We counsel clients in arbitration proceedings but also act and are appointed as accredited arbitrators. Even if arbitration proceedings are a private process before a ‘neutral’ forum, an important reason for choosing arbitration, particularly in cross-border commercial contracts, is international enforceability (in more than 150 contracting states worldwide) under the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards. When the arbitration is completed, we advise clients on enforcement of the award if that proves necessary.

• Litigation
  The process of bringing or contesting a legal action in court requires attention not only to the applicable law but also the facts and the process. From the pre-litigation process (whether a cease and desist or a demand letter to the other party before starting proceedings) through the written proceedings, trail and enforcement of judgments, FLINN lawyers have the experience to guide you through the court proceedings.