Conflict management is a method of preventing disputes before they even arise. Since conflict is a natural part of any business relationship, it is important to know how to prevent it and, if that is not possible, how to solve it sensible and efficiently.
The general goal of conflict management is therefore to limit the negative outcome of a dispute, while increasing the chances that a positive final result will be achieved. It has two clear consequences: first, to avoid a dispute if possible; and second, to improve the outcome for the client in disputes that cannot be avoided.
Our conflict management practice includes
- systematically analysing past disputes in order to identify similarities, repetitive patterns, vulnerabilities and potential improvements;
- analysing current business relationships and contracts, taking into consideration the legal framework in which they are inserted, in order to identify risks, vulnerabilities and potential improvements;
- providing specific guidance on how to prevent disputes and how to improve their management;
- supplying easy-to-follow, step-by-step walkthroughs that can be implemented in any corporate or institutional environment;
Where the first consequence of Conflict Management has not been achieved, i.e. the dispute has not been prevented from arising, it is possible for the parties to solve their conflict through MedArb.
Where the parties have reached a Settlement to solve their dispute, it is vital to ensure proper enforcement of the terms of the agreement. This can be achieved though the demand for guarantees, or though measures such as imposing fines or voiding the settlement in case of breach or non-compliance. Parties may also include clauses retaining the jurisdiction of a court or of an arbitral tribunal in order to minimize eventual legal costs in case it is necessary to enforce the settlement. In the EU, even out-of-court settlement agreements can principally be made enforceable in a speedy manner, avoiding lengthy litigation, if certain circumstances are met. The applicable legal framework is Regulation (EC) 805/2004 on a European Enforcement Order for Uncontested Claims. If an arbitration is already pending, under certain circumstances, it may be more interesting for parties, though, to have the arbitral tribunal record the terms of their settlement agreement in an Award by Consent (or, Award on Agreed Terms).
CONTACTS FOR THIS DISPUTE RESOLUTION METHOD:
