Procedural, arbitration and mediation
When a client has a conflict, we work with them to solve it.
In case of conflict, we believe that always, as a first option, we need to assess the possibility of reaching an agreement to avoid dispute. Therefore, our first task is to listen to our client and try to get an amicable solution with the other side, even if this means using mediation procedures.
If this first option does not work, we define with the client the best possible strategy to defend their interests, valuing the time, costs, existing evidence or the lack thereof, rules and rulings that favour or hinder their position... In short, the advantages and disadvantages of each of the options, taking always into account the possibilities of obtaining a resolution that meets the interests of our clients. In this regard, we are very scrupulous and honest with our clients before starting a procedural affair whose solution involves great deal of uncertainty.
Once the strategy has been defined, the conduct of the proceedings before the courts or before an arbitrator means, among other things, drafting statements of claim, reply and request for precautionary measures, intervention in hearings and the presentation of resources, enforcement of ruling... The monitoring of the entire conflict may imply different resources, solve the vicissitudes of the process and coordinate efforts with attorneys and experts. Timely and continuous information to the client about the development of the procedure is one of our priorities.
With this modus operandi, we intervene and take the legal direction, both in the civil and commercial areas, of relevant cases on directors' liability, contractual and extra-contractual liability, challenging of company resolutions, unfair competition, breach of contracts, cancellation of swaps, affiliation, successions, construction defects...
We also participate in numerous court proceedings in the labour and contentious-administrative level, as described in more detail in the areas of employment and public sector.
Finally, we would like to emphasise that we act as mediators and arbitrators in any type of conflict whose out-of-court resolution so requires it.