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From conflict, to constructive consultation: mediation for business owners and governments

Authors
Gregory Vermaercke
Partner
Stefanie Claeys
Lawyer
NOMA blog conflict constructief overleg bemiddeling ondernemers overheden
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Business is balancing. You sign contracts, enter into partnerships, coordinate construction projects and make decisions to put your business strongly on the map. But what if a conflict springs up? How do you create space for constructive conversation and prevent a dispute from escalating? NOMA has years of experience in mediation for corporations and guides entrepreneurs and governments with a solution-oriented view towards a sustainable agreement.

From conflict to
constructive resolution
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Mediation in shareholder, construction and contract disputes

As a business owner, you strive to keep business relationships running smoothly and in confidence. Yet disputes cannot always be avoided. A shareholder conflict, a discussion about a construction project, a protested invoice or a dispute about general terms and conditions, ... These are all disputes that cost your company time, energy and money.

Governments also regularly get embroiled in legal conflicts. Think of disputes about the approval or refusal of an environmental permit, discussions about public contracts or disputes about expropriations. Just as in business, it is essential to reach a solution in which each party can agree.

When a business dispute arises, litigation is often automatically thought of. But for those who want to move forward, litigation is not always the most strategic choice. Litigation can drag on for years, involve high costs and sour the relationship with the other party forever.

Mediation offers a dignified alternative: in a confidential setting, under the guidance of a neutral third party, you seek a solution that is workable for all parties. Efficient, quick and discreet, with an eye for constructive cooperation. NOMA's accredited mediators assist you with expertise, strategic insight and years of experience.

Mediation, more than bringing parties around the table

Mediation is a voluntary and confidential process, enshrined in Articles 1723/1 to 1737 of the Judicial Code, in which conflicting parties attempt to reach a balanced solution under the guidance of an impartial and neutral mediator.

The role of the mediator plays a crucial role in this process. It requires legal insight, strategic thinking and the finesse to steer complex discussions in the right direction. Very good knowledge of the law is a must, but equally important is the art of understanding the underlying dynamics of a conflict and enabling a constructive dialogue.

Strategic mediation
with legal acumen
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NOMA, attorney mediators with a solution-oriented mindset

At NOMA, attorneys and certified mediators Stefanie Claeys and Gregory Vermaercke, assist business owners and governments in finding a workable solution to business disputes.

Listening, analyzing, guiding and facilitating: by creating a safe and structured framework, parties have space to negotiate without losing sight of their legal position or business interests. We will discuss the mediation process in more detail in our next newsletters.

About
Gregory Vermaercke

Gregory Vermaercke began his career at Marlex in 2006 under the mentorship of Marc D'Hoore. Gregory specializes in general administrative and public law. Throughout his career, he has developed particular expertise in permit and enforcement cases, expropriations, real estate developments and leases. In addition to a highly personal, dedicated case approach, Gregory puts maximum effort into sharing expertise, both with clients and within his team. In addition tolecturing, he regularly publishes in legal journals. In addition, Gregory has been a Certified Administrative Law Mediator with the Council of Licensing Disputes since 2023.

About
Stefanie Claeys

Stefanie Claeys began her career in the notarioal profession, where she gained extensive experience in real estate and contract law. In 2021, she made the switch to the legal profession and has since strengthened the team of Marlex, now NOMA. Known for her direct and pragmatic approach, Stefanie focuses on contract and construction law, with a strong focus on negotiating conclusive agreements. With her broad expertise in tax, litigation and real estate, Stefanie provides effective solutions to complex legal challenges.

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