Alternative Dispute Resolution in the Netherlands
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Court proceedings are time consuming and cost a lot of money. Furthermore, Court decisions do not always offer an acceptable solution. It is for that reason that more and more parties choose another form of conflict control: alternative dispute resolution (ADR). As a concept, ADR in the Netherlands comprises arbitration, binding advice and mediation. Arbitration is a form of dispute resolution that is strongly institutionalized and incorporated in legislation. Arbitration proceedings lead to a judgment that can be enforced by recourse to the courts. The binding advice given by a conciliation board (e.g. the consumer conciliation board, the Dutch Securities Institute conciliation board) is not a judgment. The binding advice can if necessary be made enforceable by recourse to the court following a marginal substantive and procedural review. Mediation is a method of reaching resolution of disputes without recourse to judicial procedures. An independent expert supports the parties in their negotiations until a mutually acceptable solution is found. Mediation assumes the neutrality of the mediator and the autonomy and equality of the parties. They retain control and they themselves work towards a solution. In contrast to judicial procedures, where the differences between the parties are enlarged, mediation aims at seeking solutions in the mutual interest of the parties. Decisions that are arrived at in this manner appear to be more durable. Mediation improves the communication between the parties and may encourage them to adopt a more co-operative approach in their future dealings. Source : accessmylibrary.com |