A solution without intervention of the courts
A conflict is very rarely limited to a solely legal or financial argument. Every conflict, whether this is a commercial dispute, a labour dispute or a private matter, is emotionally charged. This has a serious impact on the process and therefore the outcome. 'Talking about it' might not seem to be the best advice in the heat of the moment.
However, consultation, with the right assistance and without the intervention of the courts, can be the best solution. This is called collaborative practice. Collaborative practice can be distinguished from mediation in the sense that each party has his/her own lawyer who will take care of his or her interests and who knows what is permitted by law. Furthermore, the parties agree with each other not to go to court. Conflicts that are dealt with by collaborative practice are generally resolved faster and more satisfactorily than through court proceedings. There are often also cheaper.
It has long been acknowledged abroad that collaborative practice is a suitable solution for many conflicts. Collaborative practice is suitable inter alia for divorces, arguments regarding inheritance, shareholders’ conflicts and labour disputes.