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Alternative Dispute Resolution (ADR): Considerations for Real Estate Businesses in an Unpredictable Market

By Thijs Elseman & David van Dijk on November 17, 2022
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Abstract_04

Unpredictable market conditions require innovative solutions to tackle business challenges. Although the real estate industry is fast-paced and global, it is a small world all the same. Due to the current economic climate, parties that have collaborated amicably and successfully for decades may suddenly be faced with issues that put pressure on their relationship and jeopardize the mutual trust carefully built over years. Identifying these choke points timely and addressing them by applying ADR solutions may prevent lengthy legal proceedings and create an efficient and positive outcome for both parties, solving the issue pragmatically and enabling continuation of the collaboration.

ADR includes various forms of alternative dispute resolution, such as:

  • Non-binding advice: Advice by specialist advisors;
    Key characteristics: Not binding, usually confidential, advisors take position 
  • Arbitration: Decision by specialist arbitrators acting like judges;
    Key characteristics: Binding, not necessarily confidential, arbiters take position
  • Mediation: Structured, interactive solution-focused negotiation process, led by an impartial mediator;
    Key characteristics: Not binding, confidential, mediator does not take position

The RE-STRUC team at Greenberg Traurig comprises professionals trained in ADR processes, including RICS accredited mediation services. The team has deep experience in orchestrating ADR procedures and assisting parties involved in arbitration, mediation and non-binding advice procedures, either as a neutral advisor/mediator/arbitrator, or as advisor to one of the parties.

For more information on ADR services visit our dedicated RE-STRUC page.

Photo of Thijs Elseman Thijs Elseman

Thijs Elseman is a member of the Finance & Restructuring Group. He focuses his practice on corporate finance, restructuring and insolvency. Thijs advises corporates, investment banks, financial institutions and private equity investors on a wide range of corporate finance transactions, including bilateral and…

Thijs Elseman is a member of the Finance & Restructuring Group. He focuses his practice on corporate finance, restructuring and insolvency. Thijs advises corporates, investment banks, financial institutions and private equity investors on a wide range of corporate finance transactions, including bilateral and syndicated loans, acquisition and asset financing and debt and equity capital market transactions. He is regularly involved in complex, distressed financing transactions and cross-border restructurings. Before joining Greenberg Traurig in 2022, Thijs worked at a large international law firm in their Amsterdam and London office for more than 12 years.

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Photo of David van Dijk David van Dijk

David van Dijk is one of the Netherlands’ most prominent real estate lawyers and heads the Dutch Real Estate Practice. He focuses his practice on commercial real estate, with emphasis on investments, project development, as well as real estate-related litigation. David joined Greenberg…

David van Dijk is one of the Netherlands’ most prominent real estate lawyers and heads the Dutch Real Estate Practice. He focuses his practice on commercial real estate, with emphasis on investments, project development, as well as real estate-related litigation. David joined Greenberg Traurig with his team in December 2020 from a leading Dutch firm, where he headed the Real Estate Group. He has more than 20 years of experience handling international real estate matters.

David is ranked in tier 1 by Chambers in the category “Real Estate – The Netherlands” and “highly recommended” for transactional work. He holds a master’s degree in Real Estate Investments (MRE) and is also a member of the President’s Panel of the Royal Institution of Chartered Surveyors (RICS) Dispute Resolution Services.

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  • Posted in:
    Real Estate & Construction
  • Blog:
    GT Amsterdam Law Blog
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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