What is the cause of your dispute?

A key factor in selecting the most appropriate dispute resolution instrument is to define the true cause of a given conflict.

Legal disputes are rarely the origin of a conflict. Often the cause of the conflict is of a commercial, technical or personal nature.

Possible causes of a conflict are, e.g.:

  • Break-down of communication
  • Lack of appreciation and respect
  • Change of economic and commercial circumstances
  • Differing legal concepts / change in law
  • Technical problems / defective products
  • Differing views of underlying facts
  • Impact of third parties / force majeure

For example, if a dispute has been caused by a break-down of communication, mediation or conciliation might offer the best chances for a satisfactory solution. In contrast, if a dispute has been caused by differing legal concepts, litigation or arbitration are usually the better options. If the parties' dispute is focussed around technical problems, expert-determination might be the best choice.