Alternative dispute resolution

It is important that the parties jointly agree to submit their dispute to an impartial mediator and that the discussions are confidential. Mediation is a short and effective process to reach a solution, especially when parties are not solely interested in how to divide the pie. A mediation process is relatively inexpensive and often has a positive effect on the customer relationship, which can then continue despite the dispute. Following a court case, parties usually have no interest in ever doing business with each other again.

If the parties reach an agreement, the mediator will ensure that this is recorded in a settlement agreement. If the mediation does not succeed, everything that has been said and offered remains confidential and may therefore not be used in court. So, this can be a good intermediate step, as the parties really have nothing to lose, except some time and effort.

Legal ICT offers mediation by experienced mediators who are specialised in ICT law. Thanks to the mediators’ decisiveness and knowledge of ICT issues, a conflict can often be resolved quickly.

The decision by this expert is referred to as a binding opinion. Although the word ‘opinion’ may suggest otherwise, the parties are not allowed to disregard it. The parties are bound by the binding opinion and required by law to comply with it.

The advantage of a binding opinion is that the entire process from request to outcome takes only a few weeks and costs considerably less than court proceedings or arbitration. The legal advisors of Legal ICT are up to speed with the latest developments in the field of ICT law and ICT technology. Legal ICT is therefore in an excellent position to provide parties with expert advice.