Alternative dispute resolution
is usually employed in order to avoid time-consuming, expensive litigation
. It often means direct negotiation between the parties and sometimes a mediator can be brought in, depending on the situation.
Types of dispute resolutions in Luxembourg
There are a few types of alternative dispute resolutions in Luxembourg and these are some of the main ones:
• conciliation can be applied through a third party who facilitates the resolution by encouraging an understanding between the other two. This third party should listen to each side and seek a proper solution which can consist of compensation or measures applied at the workplace. If they can reach an agreement, then the case can be withdrawn from court and be settled.
• arbitration is used when the third party has to hear the case as each of the other two presents it and then has to make a decision on the outcome.
• mediation applies when the facilitator (the third party) helps the people involved in the dispute reach an agreement and it is based on problem-solving, rather than placing the blame. There are times when the mediator suggests a solution and others when he/she guides the parties to finding their own possible solution by making them explore new ways of acting. Our lawyers in Luxembourg can offer support in these matters.
Other types of dispute resolution include appointing a third party reporting the issues to the parties involved in the conflict and ultimately leaving them to find a solution by themselves.
Categories of individual workplace disputes
The most important categories of individual workplace dispute resolutions are:
- disciplinary issues;
- harassment and discrimination (gender, ethnicity, sexual orientation, religious beliefs etc);
- payment, employment rights;
- employee grievances.
When, for example, an employee is fired in Luxembourg, this can be dealt with through conciliation; also mediation is very common, especially in the financial sector.
In case you need to find out more about alternative dispute resolution (ADR) technique
s, you can seek counsel from our attorneys in Luxembourg
, as they have a deep understanding of the legislation in all fields of law. We are qualified to assist you in corporate, commercial litigation and arbitration
as well as in more delicate fraud cases.