Inspired by the US and England, Danish attorneys and the Danish corporate sector are increasingly using mediation (court-based mediation) as an alternative way to resolve disputes. In mediation the parties appoint an impartial third party to act as a mediator. Particularly the IT industry and the construction industry focus on mediation as a way of resolving disputes.
Collaboration is important
Mediation is often a quick and cost-saving way to resolve a dispute. The advantage is that the mediation procedure can result in the parties also being able to collaborate in the future.
The mediator assists the parties in negotiating the dispute, i.e. the parties maintain control of their dispute. Consequently the mediator does not make any decisions and does not assess the dispute.
Our mediators
A number of our attorneys are trained mediators and are therefore able to assist as mediators appointed by the parties or as representatives to a party to mediation. Attorneys Pernille Bigaard, Peter Wengler-Jørgensen and Peter Fogh are trained mediators.
On 1 April 2008, court-based mediation became a permanent scheme with the Danish courts. In cases to be resolved by court-based mediation the mediator will be a judge or an attorney appointed by the court.