Arbitration proceedings are, in business dealings, a recognised alternative to the judicial system. They follow specific rules, either on the basis of national law or the regulations of national or international institutions.
Arbitration proceedings enable the parties their choice of arbitrators, greater flexibility in the structuring of the proceedings, and sufficient time for settlement discussions; combined with the certainty that they will obtain an – internationally – enforceable decision that, with respect to the matter in dispute, is based on expert knowledge in the considered field.
Especially in commercial disputes, the confidentiality of arbitration proceedings is preferable to the openness of the courts. Moreover, it is possible to call in arbitrators as experts in the field, who guide complex and technically difficult matters to appropriate and satisfactory decisions.
Some of our lawyers are specialised in the area of arbitration and are at your disposal, both as party representatives in national and international arbitration proceedings, or can themselves assume the role of arbitrators. They have been able to gain experience in the past with DIS (German Institution for Arbitration), ICC and ad-hoc arbitration proceedings, and have the necessary contacts with experienced arbitrators from different sectors and specialised areas.
HEUSSEN possesses special expertise in the area of commercial mediation. A few of our lawyers are considered pioneers in the field of commercial mediation in Germany (cf. the law firm directories, ‘Kanzleien in Deutschland 2011’, ‘JUVE 2011’).
A dispute before the court leads to legal, but in a sense, all too often not to actual settlements of conflicts. Commercial mediation, on the other hand, concentrates on the finding of a solution through the parties themselves. The mediator has the task of mediating, conducting negotiations, and facilitating communication. Here it is not the legal dispute that is in the foreground, but rather the finding of a solution that is in the interest of the parties, a creative one, through those who are most familiar with the conflict, namely the parties themselves. Mediation is becoming increasingly the focus of the world of economics, and also of politics and the private sector.
Our lawyers specialised in the field of commercial mediation are regularly engaged as commercial mediators or represent parties in mediation proceedings. This applies to national as well as international mediation proceedings. All lawyers of the practice group “Dispute Resolution” are specially trained and experienced in the management of negotiations, in negotiating strategies and in negotiation techniques.
Each individual case requires for the selection of the "best method" of dispute resolution professional knowledge as well as legal advice appropriate and oriented towards the economic interest of the concerned company, plus a clear strategy. Using the existing possibilities properly shows an understanding of economically efficient and responsible conflict management and thus an intelligent form of corporate leadership.