We are Stibbe Mediation and Other Forms of ADR specialists

We see mediation as a powerful and efficient means of resolving disputes. Our litigators possess the required skills to assist clients involved in this process in the most effective manner.

Mediation and Other Forms of ADR

When parties are locked in a dispute that must otherwise be decided through litigation, our lawyers have substantial experience acting as a neutral third party to work towards a negotiated settlement.

When appropriate, our specialists will pursue mediation as an efficient alternative to court or arbitration proceedings, allowing disputes to be resolved amicably. Using this method we can help enhance the speed of the resolution and create cost savings.

We have proven expertise in this area helping clients to safeguard confidentiality and their possible future business relationship with the other party. Throughout the process our aim is to encourage open and honest communication between parties, and achieve a settlement that is acceptable to both.

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Experience

  • 31.08.2012 NL law
    Stibbe advised Mainfreight

    Experience -   Representing the New Zealand listed logistics company Mainfreight in a post-M&A dispute. The dispute concerned a significant claim from Mainfreight following the acquisition of a major Dutch logistics group. The dispute was settled amicably in August 2012, culminating in an after tax gain for Mainfreight of NZD12.7 million  

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Related news

19.10.2017 NL law
Annotatie onder Gerechtshof Arnhem-Leeuwarden - 14-02-2017

Articles - Nu de verkoop van de inventaris meer dan een jaar voor het faillissement heeft plaatsgevonden, is het bewijsvermoeden van art. 43 Fw niet van toepassing. De stelplicht en de bewijslast ten aanzien van het paulianeus handelen rusten dan ook op de curator. De enkele omstandigheid dat het niet goed ging met de onderneming, betekent nog niet dat op dat moment te voorzien was dat een faillissement onafwendbaar was.

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02.08.2017 NL law
Termination of continuing performance contracts: a new chapter

Short Reads - On July 7th 2017, the Dutch Supreme Court added a new chapter to the case law it has developed over the years regarding the termination of continuing performance contracts, making a specific exception for publishing agreements regarding copyrighted works (ECLI:NL:HR:2017:1270).

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05.07.2017 NL law
Dutch Supreme Court confirms case law on causation: roundup of two recent cases (PART II)

Short Reads - In its decisions of 2 June 2017 (ECLI:NL:HR:2017:1008) and 9 June 2017 (ECLI:NL:HR:2017:1053), the Dutch Supreme Court reconfirmed its case law on causation, the condicio sine qua non test and the so-called "reversal" rule in the law of evidence pertaining to this test. Although strictly speaking, these decisions might not bring much news, they show that carrying out the condicio sine qua non test is not always straightforward. In addition, these decisions show the importance of clearly keeping in mind the facts and norms constituting the unlawfulness or non-performance at hand.

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29.05.2017 NL law
Knowledge of a person's possible liability for the damage suffered is not sufficient for the short limitation period of five years to start running

Short Reads - The Dutch Supreme Court ruled that that a prejudiced person's knowledge of another person possibly being liable for the damage suffered is not sufficient certainty regarding the identity of the liable person for the short limitation period of five years to start running (Dutch Supreme Court, 31 March 2017, ECLI:NL:HR:2017:552).

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02.10.2017 NL law
Judgement beyond the ambit of the legal dispute

Short Reads - In its judgment of 14 July 2017, ECLI:NL:HR:2017:1357 the Supreme Court decided that the pleadings did not provide sufficient basis for the decision of the Court of Appeal that the contractor's claim was also based on joint and several liability of the alleged client. Moreover, the pleadings provided no evidence that the alleged client acknowledged that the contractor considered the alleged client jointly and severally liable.

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09.05.2017 NL law
European Court of Justice ruled: supervisory liability for defective breast implants up to national law

Short Reads - Civil liability of a so-called notified body for negligent fulfilling of its supervisory obligations under the directive on medical devices (93/42/EEC) is not excluded, the ECJ ruled in its judgment of 16 February 2017 in Elisabeth Schmitt (C-219/15). Conditions of such liability are governed by national law.

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22.09.2017 NL law
Dutch Supreme Court ruled on the time limit under which appeals must be brought

Short Reads - On 1 September 2017, the Dutch Supreme Court ruled that the appeal period ends three months after the day on which the court has given its judgment, at the end of the day with the same number as the day on which the judgment was given (ECLI:NL:HR:2017:2225). However, when the appeal period of three months expires in a month that does not have a day with the same number due to the fact that it is shorter, the appeal period ends on the final day of that month. Therefore, it is important to be aware that the appeal period relating to judgments given on certain specific days might end earlier than expected.

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05.07.2017 NL law
Dutch Supreme Court confirms case law on causation: roundup of two recent cases (PART I)

Short Reads - In its decisions of 2 June 2017 (ECLI:NL:HR:2017:1008) and 9 June 2017 (ECLI:NL:HR:2017:1053), the Dutch Supreme Court reconfirmed its case law on causation, the condicio sine qua non test and the so-called "reversal" rule in the law of evidence pertaining to this test. Although strictly speaking, these decisions might not bring much news, they show that carrying out the condicio sine qua non test is not always straightforward. In addition, these decisions show the importance of clearly keeping in mind the facts and norms constituting the unlawfulness or non-performance at hand.

Read more

30.05.2017 EU law
The Growth of Collective Redress in the EU: A Survey of Developments in 10 Member States—the need to maintain safeguards

Short Reads - In 2013, the European Commission adopted a Recommendation on Collective Redress. It invited Member States to adopt a collective redress framework by July 2016 that would include the features mentioned in the Recommendation and then by July 2017, to report to the Commission about the extent to which they had done so. On the basis of the Member States’ report, the Commission will assess whether further actions by the EU is required.

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05.04.2017 NL law
Extinctive prescription in case of possession in bad faith: the former owner may reclaim the property on the basis of tort

Short Reads - On 24 February 2017, the Dutch Supreme Court delivered a judgment (ECLI:NL:HR:2017:309) regarding acquisition of ownership of immovable objects by means of extinctive prescription (bevrijdende verjaring). Under Dutch law, a possessor who possesses an immovable that is not his property, becomes the owner of that good after a period of ten years of uninterrupted possession in good faith (art. 3:99 DCC).

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