A) Mediation
Mediation is a voluntary and confidential conflict management process that involves using an impartial person, such as a lawyer mediator, to find common ground. The mediator aims to find a solution with the different parties that meets the interests of each.
The practice of mediation is undoubtedly the oldest and natural method for resolving a conflict situation.
In the context of a conflict involving civil, commercial or family matters, the process of mediation can be considered in order to find an agreement acceptable to each of the parties, without going through legal proceedings.
The mediator, relying on good communication and a neutral position, will look for a way to help you resolve the conflict and find common ground acceptable to all members of the family or group of people in question at the same time. help of a trained and approved mediator.
Several members of our firm are certified mediators. Our firm offers you this alternative method of conflict resolution in family (couple or family), civil and commercial matters . As part of mediation, the participants try to find an amicable settlement with the help of a neutral person who will encourage exchanges and communication and provide leads. Whereas in the context of a procedure involving justice and the law, the process promises to be longer and more expensive for each party.
The mediator, trained in communication and reasoned negotiation techniques, seeks the interests of each party as well as a solution that is lasting and satisfactory for all. Throughout the process, the mediator is present to facilitate communication, guide and advise the parties and consider the options available to the parties involved to lead them towards an amicable settlement. The mediator therefore does not have decision-making power and does not resolve the dispute.
On June 18, 2018, a law was promulgated “containing various provisions in matters of civil law and provisions with a view to promoting alternative forms of dispute resolution”. This law aims in particular to promote alternative methods of dispute resolution and to use them as a priority, when the situation allows. Furthermore, the judge can sometimes order mediation, if all parties agree.
Contact our law firm ULPIANUS, located in Brussels, to obtain the help of an approved mediator. We are available to answer your questions and provide you with information by telephone or email or to arrange an appointment.
B) Collaborative law
Collaborative law is defined as a voluntary and confidential process for settling disputes through negotiation. It uses specific techniques of conflict management, listening and negotiation.
L’avocat collaboratif s’engage à conseiller son client dans l’optique unique de la recherche d’une solution négociée. La conclusion d’un accord est par conséquent sa seule mission. En cas d’échec de la négociation, il se retire.
Collaborative law presupposes the absence of or the suspension of an aggressive procedure and the absence of any threat to resort to such a procedure. It involves teamwork of lawyers, the identification of the interests and needs of both parties and the children, the exchange of information in good faith, confidentiality, the implementation of effective communication rules.
The collaborative lawyer will therefore help, in family law, to:
- negotiate in a respectful and structured manner
- establish full communication and exchange information useful for conflict resolution
- explore the various friendly settlement options
- find creative solutions to meet the needs and priorities of the client, as well as those of the children
- resolve family disputes without litigation