Introduction
Court proceedings are time consuming and cost a lot of money. Furthermore, Court decisions do not always offer an acceptable solution. It is for that reason that more and more parties choose another form of conflict control: alternative dispute resolution (ADR). As a concept, ADR in the Netherlands comprises arbitration, binding advice and mediation.
Arbitration is a form of dispute resolution that is strongly institutionalized and incorporated in legislation. Arbitration proceedings lead to a judgment that can be enforced by recourse to the courts. The binding advice given by a conciliation board (e.g. the consumer conciliation board, the Dutch Securities Institute conciliation board) is not a judgment. The binding advice can if necessary be made enforceable by recourse to the court following a marginal substantive and procedural review....
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