ALTENBURGER has a full dispute resolution practice that includes national and international litigation, arbitration, conciliation and mediation. We act in all of these sorts of proceedings either as party representatives or as neutrals. Thus, some of our lawyers are advocates who are also used to sitting as judges, arbitrators or as mediators, which gives our firm a wide perspective on traditional and more recent dispute resolution processes. We work whenever possible with the business principals directly involved in any matter, together with their in-house counsel and other advisors as may be appropriate.

As the world changes and businesses become more global, our Dispute Resolution Team has developed a broad approach to dispute prevention and resolution. Our goal is to help our clients to prevent disputes from escalating and to resolve them in the best possible manner for them, consistent with their business needs and interests. We seek to find the cheapest, fastest and best ways of dealing with conflicts as soon as they arise, and our lawyers are trained to assess both parties’ positions, their alternatives, options and to help them generate new opportunities looking towards the future. We first seek to understand our clients’ values, needs and any constraints they may be operating under (e.g., financial, time or legal). We help our clients to understand at what stage of a dispute they are in, and to diagnose what has created the current conflict and each party’s respective contributions to the dispute. We assist our clients in assessing their legal positions, their alternatives and their possible options. We routinely do analyses with our clients of their Strengths, Weaknesses, Opportunities and Threats (SWOT); Zone of Possible Agreement (ZOPA); and their Best, Worst and Probable Alternatives to a Negotiated Agreement (BATNA, WATNA and PATNA). We look at each dispute on a case-by-case basis, and seek to set up and implement a dispute resolution strategy that is congruent with these analyses and our clients' values, needs and interests.

ADR:
We recognise that for many disputes there may be methods for resolving them that are more effective than traditional litigation. Alternative Dispute Resolution (ADR) procedures can be structured in each case that can be used in conjunction with litigation or independently. These procedures can significantly reduce the costs and burdens of litigation and generate “win-win” solutions that would not be available from courts or tribunals. ALTENBURGER has publicly subscribed to the Law Firm Pledge of the International Institute for Conflict Prevention & Resolution (CPR) that can be found on the Internet. In accordance with this pledge, our litigation attorneys are trained to be knowledgeable about ADR processes and will discuss with each client the possibility of such procedures so that (s)he can make an informed choice concerning his/her dispute resolution options.

Mediation:
This is a non-binding form of dispute resolution in which a neutral assists the parties in seeking their own solutions to resolve the conflict. Our lawyers have been trained and accredited by some of the world’s leading mediation institutions (including Harvard PONS, CPR, CEDR, CMAP, CIArb, FSA, SCCM, WIPO, ICC etc.) and are familiar with a broad range of mediation styles and techniques (e.g., evaluative, facilitative and transformative mediation).

Litigation:
Legal rights often require enforcement. Even the best contracts are worthless if their performance cannot be legally enforced. We assist our clients in analysing, evaluating and asserting their claims from a legal perspective. We also advise them on how to best protect their interests and represent them in negotiations and settlement conferences as well as in domestic and international litigation proceedings. We assist our clients in setting and managing cross-border and multi-jurisdictional cases and act regularly as advocates before national courts as well as national and international arbitral tribunals. We are familiar with litigation procedures in both common law as well as civil law jurisdictions.

Neutrals:
Some of our lawyers act regularly as arbitrators, mediators, experts, panellists, or investigators. They regularly assist in designing tailor-made dispute resolution processes that are adapted to the specific needs of a particular company or project. Our neutrals adhere to the highest professional standards of confidentiality and seek to work efficiently and in the most cost-effective manner.

Trainings:
We are offering trainings in the field of Dispute Management (Dispute Prevention / Dispute Resolution) for business executives dealing with legal controversies.

For details, please see Key Strength: Dispute Resolution