You always meet twice in life. Or three times. Or regularly...
Long-lasting business relationships, trust and reliability are the foundations of sustainable success. They can suffer or even be permanently destroyed in legal proceedings. Litigating in the public can cause reputational harm. ACCORD's conciliators help you preserving your business relationships: an amicably resolved conflict strengthens your reputation as a pragmatic problem solver.
Every dispute holds opportunities. However, in conflict situations, perception narrows and chances are lost sight of. ACCORD's conciliators give the discussion a broader, more objective basis and expand the horizon. Opportunities emerge that the parties would never have considered during court proceedings. Good settlements often go far beyond the original conflict.
Use the conflict to shape the future of your business relationship. Seize the opportunity for classic win-win solutions.
Court and arbitration proceedings often involve high costs for lawyers, courts and technical experts. What is worse, it takes years to reach a final resolution - time that simply is not available in large-scale technical projects with tightly intertwined project steps. When the legal proceedings are finally over and liability issues are addressed, the outcome is backward-looking at best. At worst, the litigation has wrecked the project as a whole. Attempting ACCORD conciliation is always worth the while: costs, effort and time lapse are usually negligible in comparison to conventional court or arbitration proceedings. Moreover, after just a few discussions it may have become clear whether an agreement is within reach.
How likely is it that a judge who usually decides on neighbour disputes or matrimonial property law will be able to expertly assess your complex technical dispute? Even the technical expert opinions obtained by the court are not always satisfactory, as they sometimes miss the point. However, the preparation of such expert opinions considerably prolongs most court proceedings. ACCORD's conciliators bring decisive advantages to the table: technical expertise and legal experience complement each other seamlessly and are at your disposal, in continuous dialogue and according to your needs. We are convinced: proper expertise leads to proper solutions.
If the parties so wish, the conciliators provide assessments, either in writing or orally. Thus, the parties can analyse the strengths and weaknesses of their respective positions with the conciliators, either in the presence of the other party or in individual sessions ("caucus"). This enables the parties to better understand their options, namely the opportunities and risks associated with litigation or settlement.
On such a basis, decisions are made more rationally. With a stratement from the conciliators, managing directors can easily justify their decision-making, e.g. vis-à-vis shareholders or insurance companies.
In conciliation, the parties remain in charge of their relationship. If the conciliators are asked to make recommendations, such recommendations are not legally binding. This is an essential difference between conciliation on the one hand and court or arbitration proceedings on the other. If, however, the parties want a binding result, ACCORD helps them to achieve it. Our track record proves that a settlement freely entered into puts the conflict to an end. The agreement of the parties becomes the basis for joint success.
Nowadays, good corporate governance encompasses exploring settlement options in the event of conflict. Conciliation is not a loss of face, but an expression of personality and business judgment.
By the way: If you have reached an econmically reasonable agreement through skilful negotiation, questions of personal responsibilities become secondary. Customers, owners, insurance companies and other stakeholders will be grateful for your leadership.