Litigation and Alternative Dispute Resolution
Commonly, legal disputes and conflicts are not fully avoidable in private and business life. Dispute resolution takes time, is causing costs and is often an emotional burden for the parties involved. We support our clients with dispute resolution services by litigation at courts or with alternative procedures, with a focus on arbitration and mediation.
Litigation at public courts is the common form of dispute resolution. As experienced Counsels, we represent our clients at all German District- and High Courts and Regional Appeal Courts, keeping always economic aspects in mind. As patent attorneys with many years of practical experience, we represent our clients in proceedings at the German Federal Patent Court.
Alternative Dispute Resolution
Litigation at courts is not necessarily the right any only choice for deciding disputes and resolving conflicts. We follow a holistic approach and we practice since may years alternative forms of conflict resolution such as mediation and arbitration.
Mediation is non-legal and voluntary form of alternative dispute resolution that has been a renaissance for several decades in the USA and Europe. Mediation is a structured proceeding led by a neutral mediator and aims to achieve an amicably settlement of the dispute, based on the individual interest of the involved parties. By mediation, long-term relationships can be maintained or improved. As certified mediators with many years of practical experience, we support parties in dispute to achieve a joint settlement and to improve their relationships. We are flexible and focus on the needs of our clients. We offer mediation in the areas of construction and real estate, corporate law, trade and sales, in case of conflicts within organizations and in the public sector.
Legal proceedings at private arbitration courts offer several advantages compared to litigation at state courts. There is usually the freedom of choice regarding the arbitral tribunal, the applicable law, the number of arbitrators, the language and the place of arbitration. Arbitration is a structured legal proceeding with arbitration rules and ends with an final and binding award by the arbitral tribunal. In accordance with the “New York-Convention” of the United Nations, awards of Arbitration Courts can be recognized and enforced in many countries around the world. Therefore, Arbitration proceedings are often the only reasonable form of dispute resolution, especially in international business and cross-border disputes. We represent companies in proceedings before national arbitration courts such as the DIS and the International Court of Arbitration at the International Chamber of Commerce (ICC).
Conciliation is a long-established and voluntary form of dispute resolution and aims to achieve an agreement for the amicable settlement of disputes, which is proposed by a neutral conciliator. The conciliator takes into account the law and the interests of the parties when proposing a settlement. Conciliation proceedings are structured and offered in Germany by Chambers of Industry and Commerce and organizations in the public sector. We represent our clients in conciliation proceedings or we act as neutral conciliator upon request.
- Bernhard Böhm
- Ernst Henning Knigge
- Markus Hoffmann-von Wolffersdorff