February 1, 2023

Volume XIII, Number 32

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

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

©2023 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume XII, Number 335
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About this Author

 Thijs Elseman Amsterdam Finance Attorney Greenberg Traurig
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Thijs Elseman is a member of Greenberg Traurig's 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,...

31-20-301-7406
 David van Dijk Amsterdam Real Estate Attorney Greenberg Traurig
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David van Dijk is one of the Netherlands’ most prominent real estate lawyers and heads Greenberg Traurig's 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...

31-20-301-7321
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