Resolving business disputes without going to court
Are you an entrepreneur in the Netherlands? And are you in a dispute with another entrepreneur, a consumer, a current or former employee or tenant? There are various ways to resolve conflicts without going to court:
- arbitration
- mediation
- binding advice
- disciplinary procedure
- disputes committee or complaints board
In all cases, the ruling is binding. You and the other party must comply with the ruling.
Arbitration
In arbitration you and the other party agree to put your dispute before an arbitrator or arbitration committee. An arbitration committee consists of arbiters from a specific (business) sector. You can request arbitration with the Netherlands Arbitration Institute (NAI).
Mediation
When you choose mediation, an independent mediator helps to resolve the dispute. You choose mediation together with the other party in the conflict. The mediator facilitates the discussion between the parties. Even when a case has already been brought to court, you can still choose mediation.
Binding advice
Binding advice is when 1 or more advisers decide which legal solution under Dutch law applies to the conflict between you and the other party. Binding advice is a substitute for court proceedings.
Disciplinary procedure
Is a complaint filed against you? A disciplinary committee decides if you comply with the rules governing your profession. It concerns independent professions such as for instance civil-law notaries, doctors, veterinarians, and accountants.
Disputes committee or complaints board
Does a customer complain about 1 of your products or services? And can you not reach an agreement with them? Your customer may ask a complaints board to pass judgement. Most complaints boards are part of a sector organisation.
Arbitration clause
By including an arbitration clause in your contract, you can mutually agree that any conflicts will be brought before the Netherlands Arbitration Institute (NAI).