Court proceedings are not always the most effective way to resolve a dispute. We assess what can be achieved through direct negotiation, mediation or a suitable conciliation procedure. The objective may be a payment, continuation of a cooperation arrangement, an orderly separation or the resolution of a liability dispute.
Assessing the options
We start with the facts, documents, evidence and commercial priorities. We compare possible outcomes with the cost, time and uncertainty of proceedings. Insurers and other parties whose approval is required should be involved at the appropriate stage.
Negotiation and mediation
Negotiation can be conducted directly between the parties or their lawyers. Mediation is a voluntary process in which the parties retain responsibility for the outcome. We represent our client’s interests and advise on proposed terms; this role is distinct from that of a neutral mediator.
Medical expert committees and conciliation bodies
Medical associations operate expert and conciliation procedures under their own rules. Their suitability depends on the issue, the parties and the applicable procedure. An assessment does not automatically constitute an enforceable court judgment. We review the procedure, evidence and implications for any later litigation.
A settlement that addresses the whole dispute
A settlement should clearly define payments, releases, continuing obligations, costs and any confidentiality provisions. Future losses, insurer consent and enforcement may need particular attention. Negotiations do not remove the need to monitor limitation periods: whether a period is suspended depends on the legal requirements and the circumstances.
Court and regulatory proceedings · Discuss settlement options