Our office also has extensive experience in ADR, Litigation and Dispute Resolution, through the consultancy provided to a large number of clients in these practices.
The consultancy provided by our firm’s team of specialists develops creative, strategic and preventive work in all forms of business disputes, mainly assisting in preliminary measures, aiming to reduce the negative impacts of disputes.
ADR (Alternative Dispute Resolution) is a term used to define a set of alternative dispute resolution processes that can be used instead of the traditional court system. ADR processes involve Mediation, Conciliation and Arbitration, Negotiation and Ombudsman. Of these methods, only arbitration has a binding character and although it is an optional choice between the parties, after its choice, once the decision has been rendered, it will have the same effectiveness as a decision rendered by the Judiciary.
Litigation is a legal process involving a dispute between two or more parties that can be resolved only through a traditional judgment made by the judge or jury. In this process, each party presents its arguments and evidence for the judge or jury to analyze.
Dispute Resolution is a common term used to define any dispute resolution process, including ADR and Litigation.
In the absence of choosing any ADR method, the only resulting solution for the pacification of the conflict will be the judicialization of the subject, attributing to a judge the decision on the validity or not of the postulated requests.
According to each negotiation and conflict format, choosing an alternative method could be a watershed for a company, whether in cash issues or even from the perspective of business continuity and decision-making.
Our team is able to act on any models presented, and the choice of method will depend on what was previously agreed by the parties and, additionally, the circumstances of the conflict.