Alternative Dispute Resolution

The traditional judicial system has historically been the primary means of resolving disputes. However, in a constantly evolving legal environment and faced with the increasing congestion of the courts, Appropriate Dispute Resolution Methods (MASC) are being established as an effective, agile, and cost-efficient alternative.

These mechanisms, previously known by the English term “Alternative Dispute Resolution” (ADR), are receiving a definitive boost in our legislation through the Law on Procedural Efficiency Measures for the Public Justice Service. This regulation not only promotes their use but also makes it mandatory to resort to them in numerous civil and commercial matters as a prerequisite before filing a lawsuit.

The objective is clear: to promote a culture of peace and agreement that allows the parties, with the help of a neutral third party, to reach consensual solutions tailored to their specific needs.

Key Advantages of MASC

Opting for a MASC offers multiple benefits compared to the traditional judicial process:

  • Time and Cost Savings: The procedures are considerably faster and more economical than litigation.
  • Confidentiality: Everything discussed during the process is confidential, protecting the privacy of the parties and sensitive information.
  • Flexibility and Control: The parties retain control over the procedure and the final outcome, and can leave the process if an agreement is not reached.
  • Preservation of Relationships: As it is a collaborative and non-confrontational system, it helps maintain business or personal relationships between the parties.
  • Enforceable Agreements: The agreements reached through MASC are binding and can be notarized as a public deed to have the same legal force as a court ruling.

New Horizons in Negotiation

Beyond resolving existing conflicts, MASC are becoming strategic tools in complex negotiation processes. When the parties cannot make progress on their own, the intervention of a mediator, conciliator, or independent expert can break the deadlock and facilitate a mutually beneficial agreement.

At our firm, we are experts in applying the various MASC, advising our clients on the most suitable method for each case and guiding them throughout the entire process to achieve the most favorable solution for their interests.

Negotiation

LAW21 acts as your representative, placing at your disposal professionals with decades of experience capable of reaching agreements in situations you thought were lost, both in pre-judicial scenarios and in the day-to-day running of your business. Alternative Dispute Resolution 

Mediation

This is a voluntary, confidential process whereby, with the help of a neutral third party who offers dialogue and negotiation, opposing parties seek to reach an agreement on their own. In this case, LAW21 can be either the mediator between the two parties or the representative of or advisor to one of them.

Conciliation

This is similar to mediation; however, the neutral third party has more capacity to intervene and propose solutions. In this case, LAW21 can play the role of conciliator between the two parties or that of representative of or advisor to one of them.

Arbitration

This Is a Private Hearing in Which the Arbitrator Acts as a Judge and His/Her Decision Is Practically as Valid as a Court Ruling. in This Case, Law21 Can Act as Arbitrator or Counsel for One of the Parties.

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Our different areas of expertise are interrelated so that we can provide our clients with a full advisory service and also help them with specific matters.