Alternative dispute resolution
The implications of court proceedings
Starting court proceedings means accepting a degree of uncertainty as well as the timetable imposed by the judicial process.
Factors guiding the dispute resolution strategy
The financial stakes of the dispute and/or the principle at issue
Court proceedings involve costs, including legal fees, filing or bailiff costs, court registration fees, possible procedural costs and indemnities, and the involvement of technical advisers. In some cases, these costs may exceed the financial value of the dispute itself.
Your financial capacity
The availability of legal expenses insurance, including any applicable coverage limit, or the need to fund proceedings personally may influence the strategy adopted to defend your interests in court.
Your willingness to compromise
“A bad settlement may be better than a good lawsuit.” While this familiar saying must of course be qualified, it reflects the fact that an agreement, even if it appears imperfect, can avoid court costs, stress and the uncertainty of a judgment, as well as the question of whether enforcement proceedings will ultimately be required.
In light of these considerations, some parties choose an alternative method of resolving their dispute.
Under Article 444, paragraph 2 of the Belgian Judicial Code, lawyers must inform clients of the possibility of mediation, conciliation and other forms of amicable dispute resolution. Where an amicable resolution appears possible, lawyers are expected, as far as practicable, to encourage it.
Pauline Goffioul explains the available alternative dispute resolution methods and advises you on whether they are appropriate for your situation, favouring them whenever the circumstances lend themselves to an amicable solution.
The emotional dimension and, in some cases, intergenerational factors
Every dispute has an emotional impact, whether it is resolved through court proceedings or outside court. The energy required by this process should not be underestimated.
The time commitment
Although civil proceedings are driven by the parties, the timetable also depends on the availability of the court hearing the case.
Belgium was found in breach by the European Court of Human Rights in Van den Kerkhof v. Belgium on 5 September 2023. The Court notably stressed the importance of ensuring that justice is not administered with delays capable of undermining its effectiveness and credibility.
