Mediation and Other Forms of ADR

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.

Subscribe to newsletter

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  

    Read more

Other specialists

Related news

21.07.2022 NL law
Dutch Supreme Court decides against the pledgeability of non-transferable claims

Articles - Lawyers occasionally wonder how the law ended up as it is. We had that experience after the Dutch Supreme Court’s decision of 1 July 2022 (Rabobank/Ten Berge q.q.; ECLI:NL:HR:2022:984), regarding the possibility or impossibility of pledging a claim. The Supreme Court decided that claims that have been made non-transferable under property law in a contractual agreement between a creditor and a debtor, cannot be pledged either.

Read more

15.06.2020 NL law
Limitation in case of a deliberately hidden claim

Short Reads - Dutch law provides for an extension of the limitation period in relation to claims that were “deliberately hidden” from the creditor (article 3:321 (f) Dutch Civil Code). The extension also applies if the debtor deliberately hid the fact that the claim had become due and payable (upon fulfilment of a certain condition, for example). It is, however, unclear what kind of conduct qualifies as deliberate hiding. 

Read more

02.04.2020 NL law
Claims assigned to a litigation vehicle: who needs to prove what?

Short Reads - Two recent decisions from the Amsterdam Court of Appeal have confirmed that litigation vehicles cannot come empty-handed to the court, and should provide documentation regarding the assignments of claims they submit. The Dutch legal system allows companies and individuals to assign their claims to a “litigation vehicle” or “claims vehicle” that bundles those claims into a single action. In its decisions of 10 March 2020, the Court of Appeal ruled that it is up to litigation vehicles to prove that the assignments can be invoked against the debtor. 

Read more

27.05.2021 NL law
The qualification of a (commercial) contract

Short Reads - The Dutch Civil Code provides for several nominate contracts, for example: contractor agreements, purchase agreements, lease contracts, agency agreements and employment contracts. For these nominate contracts, the Dutch legislator has formulated specific legal rules in the Dutch Civil Code. In some cases, these legal rules are mandatory; i.e. the contracting parties cannot derogate from these legal rules. The purpose of these codified legal rules is often to protect weaker contracting parties.

Read more

08.07.2020 NL law
Dutch State breached duty of care in providing information to victims and surviving relatives of plane crash

Short Reads - Earlier this year, the District Court in The Hague ruled that the Dutch State is liable vis-à-vis the victims and surviving relatives of a 1992 plane crash in Faro, Portugal. The State was found liable because it is responsible for the information provided by the Dutch Aviation Safety Board (a government agency) to the victims and surviving relatives. This information, on the causes of the crash was deemed by the court to be incorrect and incomplete.

Read more