Courtesy of the artist and Gallery Sofie Van de Velde
Of course, preventing a dispute is always better than having to resolve it, but sometimes it’s inevitable. Inadequate communication is by far the main cause of disputes. Expressing intentions and expectations in the course of a collaboration can therefore save a lot of misery.
The first step is to analyse where the dispute – in many cases the underlying miscommunication – arose. After that, we look at exactly what is needed to synchronize the parties’ expectations again. From there we can work constructively on a concrete solution.
People often say “better no deal than a bad deal.” That’s right. However, in the event of a dispute, it’s a little less black and white. In any case, the alternative to a negotiated solution is court proceedings (with an uncertain outcome). That is why you have to decide in advance to which point a deal is still better than the scenario of legal proceedings. We assist you in determining your legal position, negotiation margin and strategy, and will guide the negotiations. Moreover, if the other party is also represented by a lawyer, these negotiations can take place in strict confidentiality. This means that the communication and proposals cannot be used in court.
If an amicable solution proves impossible, because the gap is too wide (or because the counterparty is too confident about its legal position!), legal proceedings are the only remaining route to a solution. Depending on the facts and the legal position, the starting point of the procedure will be to prove your right (and obtain damages), or to limit the damage as much as possible (“damage control”). All this presupposes a clear view of the case, because a strategy determination requires a correct assessment of the legal position.
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