Mediation

Mediation as an alternative

Interest in mediation as an alternative to judicial settlement of disputes has increased sharply in recent years. And that is not only a result of the overload of the court. Sometimes obtaining a judgment is simply not the most suitable solution to take all aspects of a conflict into account.

By focusing on the interests of the parties and reconciling these via a fixed step-by-step plan, an agreement can be reached in the short term, which is often a better alternative that is also promoted by courts today.

"(...) We are convinced that a satisfactory solution can be obtained faster and cheaper through mediation...
...and afterwards both parties have the feeling that they repaired and built something together, which breathes new life into the partnership! (…)"

Joachim Vanspeybrouck

The different approach to mediation with your lawyer

It is not always useful to approach a conflict in a purely legal way. Parties that are only focused on achieving their own great justice in court often miss valuable opportunities. On the other hand, knowledge of the legal aspects is often essential to arrive at a sustainable and meaningful solution, and parties cannot work out without help.

Mediation by a lawyer, or an external recognized mediator with the assistance of a lawyer, can then offer a way out. A mediation model takes into account – albeit within a legal context – the concrete situation of the parties, their mutual relationships, empathy, common interests, etc....

The conflict model is making way for a conciliatory model, in which parties deal constructively with conflicts and differences and look at how they can achieve a win-win situation under supervision that reconciles their mutual interests.

The mediator works on the basis of interests rather than points of view. He allows the wishes, needs and concerns of all those involved to be discussed. He facilitates the process in which client(s) arrive at a solution themselves. The final solution is therefore not imposed on them, which is also an important distinction from legal proceedings.

Advantages of the mediation

The parties are not subject to the unavoidable time limits associated with legal proceedings. They themselves determine, in consultation with the mediator, the rhythm of the meetings and the end date of the mediation.
The aim of both parties is a tailor-made agreement within a short period of time that is in their own hands, whereby the parties in mediation remain masters of the process; There is no need to wait for a judgment or a long subsequent appeal procedure;
Mediation promotes direct communication between the parties and prevents the escalation of the conflict.
The parties in mediation undertake in writing to respect the confidentiality. The mediator, for his part, is subject to professional secrecy. So there can be free talk and solutions can be tested against the interests that need to be protected.
Mediation is usually much cheaper than court proceedings, partly because the costs associated with drawing up, depositing and serving the necessary documents to support the claim are no longer required.
Moreover, because parties themselves come to a consensus, and that solution also serves their interests, they usually comply with this better.
If an agreement is reached, the process that goes through promotes the mutual relationship now that a dispute has been positively overcome together.

What can Wanted Law's lawyers do for you?

Both Joachim Vanspeybrouck and Pieter Pauwels are recognized mediators and can assist you in a mediation procedure, either as a mediator or as counsel.

Where can you contact us?

Convinced of this way of working?

https://www.wanted.law/en/Contact/Contact-us

Do you have a problem and would you like affordable legal advice?

Book a consultation at Wanted Law!